Com. v. United States Fidelity & Guaranty Co.

Broomall, J.,

This is an action of assumpsit brought against the surety on the official recognizance of Thomas W. Allison, former *345sheriff of Delaware County, for an amount alleged to have been received by the said sheriff during his term of office, which was due and payable to the County of Delaware, but which had never been paid over to said county. The statement of claim sets out in detail the various amounts alleged to have been received by Mr. Allison, and it claims thereon an aggregate of $8372.94, with interest from May 20, 1925. The affidavit of defense admits the essential averments of…