Hutchinson v. Commonwealth
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin. June 24. Debt on an official bond against Hutchinson, late prothonotary of the District Court of Philadelphia. The condition of the bond, which was joint and several, was, inter alia, that he would « faithfully account for and pay over into the state treasury all public moneys which shall come to his hands from time to time, during Mb continuance in the said office.”
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In error from the Common Pleas of Dauphin. June 24. Debt on an official bond against Hutchinson, late prothonotary of the District Court of Philadelphia. The condition of the bond, which was joint and several, was, inter alia, that he would « faithfully account for and pay over into the state treasury all public moneys which shall come to his hands from time to time, during Mb continuance in the said office.” The action was to recover fifty per cent, of his fees received from his successor in office after defendant had retired. The defendant gave in evidence an account settled by the…
1Opinion of the CourtBell, J.
A principal question presented by this record is, whether the action is well brought upon the official bond of thp defendant below. ' Upon this point we are unable to distinguish it from the-case of the Commonwealth v. West, 1 Rawle, 29, with which .it is identical in principle; the only difference, in fact, being' that there. the suit was against the .sureties, and here it is against the principal. But that this difference can give rise to no diversity of construction of -the instrument, is very clearly shown by the reasoning as well of the Chief Justice, who delivered the opinion of the…
2Cases cited4 opinions
- Commonwealth v. WestSupreme Court of Pennsylvania · 1828
- Commonwealth v. ReitzelSupreme Court of Pennsylvania · 1845
- Green v. LeymerSupreme Court of Pennsylvania · 1834
- Roth v. MillerSupreme Court of Pennsylvania · 1827
3Cited by9 opinions
- Mayle v. Pennsylvania Department of HighwaysSupreme Court of Pennsylvania · 1978
- Merchants' Warehouse Co. v. GelderSupreme Court of Pennsylvania · 1944
- Schoyer v. Comet Oil & Refining Co.Supreme Court of Pennsylvania · 1925
- County of Northampton v. HermanSupreme Court of Pennsylvania · 1888
- O'Gara County Comrs. v. PhillipsSupreme Court of Pennsylvania · 1929
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