United States v. Schofield Co.
Supreme Court of Pennsylvania
Appeal, No. 318, Jan. T., 1912, by The Title Guaranty & Surety Company, defendant, from order of C. P. No. 2, Philadelphia Co., March T., 1912, No. 4407, making absolute rule for judgment for want of a sufficient affidavit of defense in case of the United States of America, to use of Benjamin P. Shaw Company v. The Schofield Company and The Title Guaranty and Surety Company. Assumpsit on a bond. Buie for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 318, Jan. T., 1912, by The Title Guaranty & Surety Company, defendant, from order of C. P. No. 2, Philadelphia Co., March T., 1912, No. 4407, making absolute rule for judgment for want of a sufficient affidavit of defense in case of the United States of America, to use of Benjamin P. Shaw Company v. The Schofield Company and The Title Guaranty and Surety Company. Assumpsit on a bond. Buie for judgment for want of a sufficient affidavit of defense. Before Wiltbank, J. The opinion of the Supreme Court states the case. Error assigned was order making absolute rule for judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit brought in the Court of Common Pleas of Philadelphia County in the name of the United States of America to the use of Benjamin F. Shaw Company on a bond given by The Schofield Company, one of the defendants, to secure performance of its contract with the United States for the completion of a dry dock located at the United States Navy Yard, League Island, Pennsylvania. The other defendant and the appellant here, The Title Guaranty & Surety Company, is the surety on the bond in suit. The claim of the use plaintiff is for a balance…
2Cases cited9 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Eyster v. GaffSupreme Court of the United States · 1876
- United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.Supreme Court of the United States · 1908
- Davidson Bros. Marble Co. v. United States Ex Rel. GibsonSupreme Court of the United States · 1909
- United States v. HegemanSupreme Court of Pennsylvania · 1903
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