Harrisburg School District v. Eureka Casualty Co.

Per Curiam,

Plaintiff school district appeals from refusal by the court below of judgment for want of a sufficient affidavit of defense in its action of assumpsit against defendant surety company on a bond to secure the school district’s deposit of §35,000 in the Commercial Trust Company of Harrisburg, which company, it is averred in the statement of claim, having closed its doors and been taken over, on October 15,1931, by the state secretary of banking, defaulted in repayment of funds so deposited.

The bond in suit provided for termination of the obligation by the surety after five days’…