Rodgers v. Black
Superior Court of Pennsylvania
Appeal, No. 41, Oct. T., 1900, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1898, No. 1021, on verdict for plaintiff in case of John Rodgers, Receiver, v. Edgar N. Black and The Merchants’ Trust Company. Assumpsit on a bond. Before Bregy, Jr From the record it appeared that the bond in suit was between Edgar N. Black and the Merchants’ Trust Company, obligors, and John Rodgers, receiver, obligee.
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Appeal, No. 41, Oct. T., 1900, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1898, No. 1021, on verdict for plaintiff in case of John Rodgers, Receiver, v. Edgar N. Black and The Merchants’ Trust Company. Assumpsit on a bond. Before Bregy, Jr From the record it appeared that the bond in suit was between Edgar N. Black and the Merchants’ Trust Company, obligors, and John Rodgers, receiver, obligee. The bond contained the following provisions: “ The condition of this obligation is such that if the above bounden obligor, Edgar N. Black, shall and do well and truly pay or…
1Opinion of the Court
Opinion by
Beaver, J.,
In the bond upon which the plaintiff brought his suit there occurs this provision: “ For the purpose of settling the question as to who is legally entitled to receive the said sum, the said Edgar N. Black, Jr., hereby agrees to join with the said John Rodgers in any legal proceedings that may be appropriate for the purpose of settling the said question, the cost of which to come out of the said fund.” Could there be a recovery upon this bond, without a previous submission in some form to a competent legal tribunal of the question as to who was legally entitled to receive…
2Cases cited2 opinions
- Angier v. Eaton, Cole & Burnham Co.Supreme Court of Pennsylvania · 1882
- Eister v. PaulSupreme Court of Pennsylvania · 1867