Commonwealth v. Globe Indemnity Company

Opinion by

Mr. Justice Linn,

The Commonwealth maintained a checking account with Diamond National Bank of Pittsburgh, hereafter called the bank. The bank gave its bond to the Commonwealth conditioned to disburse the deposit on its order. The Commonwealth also took the bond of the Globe Indemnity Company, hereafter called the surety, conditioned for the performance by the bank of its contract. This bond contained a warrant to confess judgment. Alleging breach of the bank’s contract, the Commonwealth entered judgment against the surety and assessed damages in a sum of $28,141.83. The surety…