Legal Opinion

Markee v. Philadelphia

Supreme Court of Pennsylvania

Decided April 18, 1921No. Appeal, No. 423PublishedCited by 2 opinions

Appeal, No. 423, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1918, No. 2048, on verdict for plaintiffs, in case of William T. Markee and William C. Watson, trading as Markee & Co. v. City of Philadelphia. Assumpsit for moneys alleged to be due on contract. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $3,912.61. Defendant appealed.

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Appeal, No. 423, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1918, No. 2048, on verdict for plaintiffs, in case of William T. Markee and William C. Watson, trading as Markee & Co. v. City of Philadelphia. Assumpsit for moneys alleged to be due on contract. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $3,912.61. Defendant appealed. Errors assigned were various instructions, quoting them, and refusal of defendant’s motion for judgment n. o. v., quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

On April 2, 1913, plaintiffs entered into a contract with defendant for the construction of certain sewers, and gave a bond, with surety, conditioned for the completion of the contract within ninety days thereafter, .and containing the usual clause that, if plaintiffs da*339faulted in the performance of the work, the surety “shall be subrogated to all [their] rights and properties as principal in said contract,” and shall be entitled to receive all payments then due or thereafter to become due by the city.

Shortly after the issuing and payment of the first warrant for…

2Cases cited6 opinions

  1. Guaranty Trust & Safe Deposit Co. v. PowellSupreme Court of Pennsylvania · 1892
  2. Commonwealth ex rel. State Hospital for the Insane v. County of PhiladelphiaSupreme Court of Pennsylvania · 1899
  3. Wells v. PhiladelphiaSupreme Court of Pennsylvania · 1921
  4. Montgomery v. CookSupreme Court of Pennsylvania · 1837
  5. M'Kinney v. MehaffeySupreme Court of Pennsylvania · 1844

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3Cited by2 opinions

  1. Union National Bank of Pittsburgh v. Dillsburg Borough Authority, Pennsylvania Court of Common Pleas, York County1951
  2. Vamos ex rel. Adams v. Tabachnick, Pennsylvania Court of Common Pleas, Northampton County1921

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