Whitaker v. Richards
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 124 January Term 1890, Sup. Ct.; court below, No. 644 March Term 1888, C. P. No. 4. On March 17,1888, James Whitaker and Theodore Whitaker, trading as James Whitaker and Bi’other, brought assumpsit against Alexander T. Richards and R. J. Watson, upon a bond of indemnity to the plaintiffs against mechanics’ liens, etc., alleged to have been given by the defendants.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 124 January Term 1890, Sup. Ct.; court below, No. 644 March Term 1888, C. P. No. 4. On March 17,1888, James Whitaker and Theodore Whitaker, trading as James Whitaker and Bi’other, brought assumpsit against Alexander T. Richards and R. J. Watson, upon a bond of indemnity to the plaintiffs against mechanics’ liens, etc., alleged to have been given by the defendants. The defendants pleaded non-assumpsit. Before the trial, the defendant Watson died, and his executors, James Y. and Sallie J. Watson, were…
1Opinion of the Court
*198Opinion,
Mr. Chief Justice Paxson :
The weak spot in the defence set up below, is to be found in the fact that there was no evidence to show that when Watson signed the bond in controversy, he did so upon the condition that he was not to be bound unless his partner, Gillingham, also signed it. The defendants contended that the bond was intended to bind, not only the firm of Watson & Gillingham, of which firm Watson was a member, but that it was also contemplated that Mr. Magee should sign as a co-surety. The bond sets forth the name of Alexander T. Richards, as principal, and of “R. J. Watson…
2Cases cited4 opinions
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