Clement v. City of Philadelphia
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFP PROM THE COURT OP COMMON PLEAS NO. 2 OP PHILADELPHIA COUNTY. No. 206 January Term 1890, Sup. Ct.; court below, No. 182 September Term 1886, C. P. No. 2. On October 29, 1886, an action in debt was brought in the name of H. G. Clement, to the use of Samuel Josephs, against the city of Philadelphia, upon a contract entered into between Clement and the city. Issue.
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APPEAL BY PLAINTIFP PROM THE COURT OP COMMON PLEAS NO. 2 OP PHILADELPHIA COUNTY. No. 206 January Term 1890, Sup. Ct.; court below, No. 182 September Term 1886, C. P. No. 2. On October 29, 1886, an action in debt was brought in the name of H. G. Clement, to the use of Samuel Josephs, against the city of Philadelphia, upon a contract entered into between Clement and the city. Issue. On February 11, 1889, a verdict was rendered in the plaintiff’s favor for $3,384. A rule for a new trial having been made absolute, the parties agreed upon a case stated showing the following facts: In 1874, Henry…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
Clement, while indebted to the city, entered into a contract with it to complete the repairs to South street bridge, and he performed the work according to his agreement. A portion of the contract price was applied with his consent to the payment of his debt to the city. Josephs, who was his surety on the bond accompanying the contract, brings this action to recover the amount so applied, alleging that he has an equitable claim to it superior to the city’s right of appropriation or set-off. When he became surety and before any work was done under the contract, he…
2Cases cited3 opinions
- Philadelphia v. Lockhardt ex rel. Pyle & HansellSupreme Court of Pennsylvania · 1873
- Metzgar ex rel. Uhler v. MetzgarSupreme Court of Pennsylvania · 1829
- Lloyd's AppealSupreme Court of Pennsylvania · 1880
3Cited by5 opinions
- Aber's PetitionSuperior Court of Pennsylvania · 1901
- Leitz v. HohmanSupreme Court of Pennsylvania · 1904
- Skinner v. ChaseSuperior Court of Pennsylvania · 1898
- Watson v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Kensington Electric Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1898