Commonwealth v. Brown
Superior Court of Pennsylvania
Appeal, No. 90, April T., 1901, by John Dorn, from order of C. P. Indiana Co., March T., 1900, No. 48, setting aside appraisement of personal property for exemption, in case of Commonwealth at the suggestion of the First National Bank of Indiana and J. A. C. Ruffner for use of W. S. Byers v. C. W. Brown, H. W. Brown, John Hill, John Dorn and Alex S. Work. Motion to set aside appraisement of personal property for exemption.
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Appeal, No. 90, April T., 1901, by John Dorn, from order of C. P. Indiana Co., March T., 1900, No. 48, setting aside appraisement of personal property for exemption, in case of Commonwealth at the suggestion of the First National Bank of Indiana and J. A. C. Ruffner for use of W. S. Byers v. C. W. Brown, H. W. Brown, John Hill, John Dorn and Alex S. Work. Motion to set aside appraisement of personal property for exemption. Before Barker, P. J. From the record it appeared that T. B. Allison made an assignment for the benefit of creditors to W. C. Brown. Brown entered a bond on which John Dorn…
1Opinion of the Court
Opinion by
Beaver, J.,
The obligation assumed by the surety upon an assignee’s bond is an agreement oh his part that the assignee will “ faithfully execute the trust confided to him.” This is unquestionably in the nature of a contract and is so regarded by the court below. Whether the promise to indemnify against contingent loss from the default of the assignee is original or collateral or whether the consideration moving the surety is between him *523and Ms principal or between Mm and those who are to be secured against the default of the principal by him is of little consequence in the present…
2Cited by2 opinions
- In re BrumbaughDistrict Court, D. Pennsylvania · 1904
- Commonwealth v. SavageSuperior Court of Pennsylvania · 1906