Shaeffer v. Smyth

Mr. Judge GERMAN

delivered the opinion of Commission of Appeals, Section A.

This suit was by Charles C. Shaeffer, Trustee, and Pan-American Life Insurance Company, against Ward-Harrison Mortgage Company and others. The Pan-American Life Insurance Company and the Ward-Harrison Mortgage Company are the real parties and will be referred to as the Insurance Company, or plaintiff in error, and the Mortgage Company, or defendant in error.

The suit had as its foundation what was designated as a guarantee in a contract between Ward-Harrison Mortgage Company, first party, and Pan-American Life Insurance…