Commonwealth v. Bader
Supreme Court of Pennsylvania
Appeal, No. 11, May T., 1921, by New Amsterdam Casualty Co., from order of C. P. Dauphin Co., Commonwealth Docket, 1920, No. 7, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Commonwealth v. Harry J. Bader, trading as Dwyer & Co. and New Amsterdam Casualty Co. Assumpsit on a bond. Rule for judgment for want of sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Rule absolute.
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Appeal, No. 11, May T., 1921, by New Amsterdam Casualty Co., from order of C. P. Dauphin Co., Commonwealth Docket, 1920, No. 7, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Commonwealth v. Harry J. Bader, trading as Dwyer & Co. and New Amsterdam Casualty Co. Assumpsit on a bond. Rule for judgment for want of sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Rule absolute. The New Amsterdam Casualty Co. appealed. Error assigned was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
This is an appeal from a judgment for want of a sufficient affidavit of defense, in a suit upon a bond, conditioned for the faithful performance of a contract for constructing one of the State’s highways, and, also, for the payment of “all and every sum or sums of money due [those furnishing] labor and materials for which the contractor is liable.” The affidavit of defense admits the latter did not complete his contract, and that the Commonwealth’s loss exceeds the amount of the bond; but in avoidance of the right to recover, makes certain statements, which, it…
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