Stone v. Pittsburg, Binghamton & Eastern Railroad
Superior Court of Pennsylvania
Appeal, No. 59, Oct. T., 1913, by plaintiff, from judgment of C. P. Bradford Co., Sept. T., 1911, No. 301, for defendant n. o. v. in case of H. C. Stone v. The Pittsburg, Binghamton & Eastern Railroad Company L. T, McGadden et al., Receivers of The P. B. & E. R. R. Co. and Title Guaranty & Surety Co. Assumpsit on a bond given for land damages. Before Johnson, P. J., specially presiding.
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Appeal, No. 59, Oct. T., 1913, by plaintiff, from judgment of C. P. Bradford Co., Sept. T., 1911, No. 301, for defendant n. o. v. in case of H. C. Stone v. The Pittsburg, Binghamton & Eastern Railroad Company L. T, McGadden et al., Receivers of The P. B. & E. R. R. Co. and Title Guaranty & Surety Co. Assumpsit on a bond given for land damages. Before Johnson, P. J., specially presiding. The bond in suit was as follows: “Know all men by these presents, That the Pitts-burg, Binghamton & Eastern Railroad Company and the Title Guaranty & Surety Company of Scranton, Penna., are held and firmly…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action is on a bond given by the Pittsburg, Binghamton and Eastern Railroad Company to the appellant in a proceeding for the condemnation of land to be used by the company in the construction of a railroad. The Title, Guaranty & Surety Company was the surety on the bond, and the question for our determination relates to the extent of the liability of the surety. In the declaration filed the plaintiff charged the defendants with the responsibility apparent on the face of the bond and also with the legal consequences of a representation that the bond was…
2Cases cited10 opinions
- Leggett v. HumphreysSupreme Court of the United States · 1859
- Twelfth-St. Market Co. v. P. & R. Terminal R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Bensinger v. WrenSupreme Court of Pennsylvania · 1882
- Wyman v. RobinsonSupreme Judicial Court of Maine · 1882
- Ives v. Merchants Bank of BostonSupreme Court of the United States · 1852
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