Citizens' Trust & Surety Co. v. Howell
Superior Court of Pennsylvania
Appeal, No. 38, Oct. T., 1901, by plaintiffs, from judgment of C. P. No. 3, Pbila. Co., Dee. T., 1899, No. 847, for defendant on demurrer in case of tbe Citizens Trust and Surety Company to tbe use of tbe Union Surety and Guaranty Company v. Lewis O. Howell, Jr., and tbe National Surety Company. Demurrer to statement.
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Appeal, No. 38, Oct. T., 1901, by plaintiffs, from judgment of C. P. No. 3, Pbila. Co., Dee. T., 1899, No. 847, for defendant on demurrer in case of tbe Citizens Trust and Surety Company to tbe use of tbe Union Surety and Guaranty Company v. Lewis O. Howell, Jr., and tbe National Surety Company. Demurrer to statement. McMichael, J., filed tbe following opinion: The suit is upon abond given by Lewis O. Howell, Jr., of Philadelphia, as principal, and tbe National Surety Company, a corporation under tbe laws of tbe state of New York, as surety to the Citizens’ Trust and Surety Company. Tbe…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action upon a bond given to the Citizens’ Trust and Surety Company by Lewis G. Howell, Jr., as principal, and the National Surety Company, as surety, conditioned for the performance by Howell of a certain contract entered into by him, and for the reimbursement of the Citizens’ Surety Company for all loss or damage which it might sustain by reason of the failure or default of Howell. The bond provided, as conditions precedent to the right to recover thereunder, that certain things should be done by the obligee. These were specified in five paragraphs which are…
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