Philadelphia v. Malone
Supreme Court of Pennsylvania
Appeal, No. 172, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1903, No. 2783, for defendant non obstante veredicto in case of City of Philadelphia to use of Edward L. Taylor v. Richard A. Malone and Richard J. Malone, trading as R. A. Malone & Co., and Fidelity and Deposit Company of Maryland. Assumpsit on a municipal contractor’s bond. Verdict for plaintiff for $1,687.15 subject to question of law reserved.
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Appeal, No. 172, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1903, No. 2783, for defendant non obstante veredicto in case of City of Philadelphia to use of Edward L. Taylor v. Richard A. Malone and Richard J. Malone, trading as R. A. Malone & Co., and Fidelity and Deposit Company of Maryland. Assumpsit on a municipal contractor’s bond. Verdict for plaintiff for $1,687.15 subject to question of law reserved. On a motion for judgment for defendants Beitler, J., filed the following opinion: B. A. Malone & Co. entered into a contract with the city to excavate…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In the elaborate opinion directing judgment to be entered for the defendants on the point reserved, the learned trial judge has cited and commented on nearly all of the numerous cases of the appellate courts of this state and of the federal courts bearing on the single question raised by this record, and has correctly held that the use plaintiff was not entitled to recover on the contractor’s bond for the coal which he furnished for generating steam to run the steam shovel and the locomotive used in excavating and removing dirt in constructing the reservoir.…
2Cited by26 opinions
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