Olyphant Borough School District v. American Surety Co.

Opinion by

Mr. Justice Barnes,

This is an action in assumpsit on a tax collector’s bond, upon which the defendant company was the surety. The case was tried before the court below without a jury. From a judgment entered in favor of the defendant, the plaintiff school district appealed.

The controversy grew out of a dispute involving the office of tax collector of the Borough of Olyphant, in Lackawanna County. From the findings of the learned trial judge the following facts appear: At the general election in November, 1929, John O’Connor was elected tax collector of the borough for a term of four…