Commonwealth v. American Surety Co.

Opinion by

Cunningham, J.,

The question involved upon this appeal is whether two of three county commissioners, who have paid the whole ¡of a surcharge against all three, can recover one-third of the amount thereof from the surety of the third.

These facts are averred in the statement of claim andi the amendment thereto: Buggies and Walker, the use plaintiffs below and appellants herein, together with one Crandall, were the county commissioners of Bradford County during the year 1923. Crandall, with The American Surety ¡Company, the defendant below, as his surety, had given la bond to the…