E. P. Wilbur Trust Co. v. Eberts

Opinion by

Mr. Justice Maxey,

This case involves the construction of a written bond or indemnity agreement under seal given by defendants to the plaintiff bank in 1924 at the time when another bank, of which defendants were officers and directors, merged with the E. P. Wilbur Trust Company. Plaintiff entered judgment against defendants on the bond, which was opened on the petition of the appellees, two of the defendants. Appellant, assignee of the judgment, contends that the order opening the judgment was error.

In January, 1924, Peoples Trust Company of South Bethlehem was in a financially…