Commonwealth v. Baily
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. No. 30 May Term 1887, Sup. Ct.; court below, No. 65 January Term 1887, C. P. To tbe number and term of the court below, an action of debt was brought by the commonwealth against Silas M. Baily, Charles H. Rush and others, to recover upon the bond of the said Silas M. Baily, as state treasurer.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. No. 30 May Term 1887, Sup. Ct.; court below, No. 65 January Term 1887, C. P. To tbe number and term of the court below, an action of debt was brought by the commonwealth against Silas M. Baily, Charles H. Rush and others, to recover upon the bond of the said Silas M. Baily, as state treasurer. The bond sued upon was dated April 13, 1882, duly approved and filed, and was for the sum of $500,000, “ to be paid to the said commonwealth, for the uses, intents and purposes declared and appointed by law; ” tbe condition being “…
1Opinion of the Court
Opinion,
Me. Justice Steeeett:
It appears to be a harsh measure of justice to hold that the treasurer and his sureties are liable, on his official bond, for the money deposited under the circumstances disclosed in the affidavit of defence, and subsequently lost without his fault or negligence; but, it is impossible to reach any other conclusion without ignoring the authority of well considered cases cited and relied on by the learned president of the Common Pleas. The only question presented by the record is so fully considered by him, in his opinion, that further elaboration is unnecessary. In…
2Cited by9 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Bardsley v. SternbergWashington Supreme Court · 1898
- Seward v. National Surety Co.Ohio Supreme Court · 1929
- Witherow v. WeaverSupreme Court of Pennsylvania · 1940
- State v. GrammWyoming Supreme Court · 1898
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