Commonwealth Ex Rel. Schnader v. Globe Indemnity Co.

Opinion by

Mr. Justice Simpson,

The Diamond National Bank of Pittsburgh was an active depository of the funds of the Commonwealth, and for their return, when demanded, the Globe Indemnity Company, defendant herein, became surety by two bonds for $250,000 and $100,000 respectively. The bank failed and the Commonwealth sued on the two bonds, claiming to recover the sum of $200,054.98 with interest. Defendant filed an affidavit of defense, alleging that it was relieved of all liability, because the Commonwealth continued to make deposits after it was notified in writing not to do so, the later…