Philadelphia v. McLinden
Supreme Court of Pennsylvania
Appeal, No. 56, Jan. T., 1902, by-defendants, from order of C. P. No. 5, Phila. Co., June T., 1901, No. 2938, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of Joseph McFarland, Assignee of Jerry Lanno, Joseph Augelona et al. v. James McLinden and the Union Surety & Guaranty Company. Assumpsit on a municipal bond.
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Appeal, No. 56, Jan. T., 1902, by-defendants, from order of C. P. No. 5, Phila. Co., June T., 1901, No. 2938, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of Joseph McFarland, Assignee of Jerry Lanno, Joseph Augelona et al. v. James McLinden and the Union Surety & Guaranty Company. Assumpsit on a municipal bond. The Union Surety Company filed an affidavit of defense which was in part as follows : Deponent is advised, so believes and. here avers, that neither the plaintiff, the use plaintiff, Joseph McFarland, nor any of the…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
This action is by the city of Philadelphia to the use of a number of persons who were employed as day laborers in grading streets. It is founded on two bonds (included in the same action by agreement of the parties), given to the city by the contractor and his surety to secure the prompt payment of all amounts due “ for labor and materials furnished and supplied or performed in and about the work.” The work was done in accordance with the contract, and the contractor was paid in full by the city. The surety notified the city, at a time when the amount due the…
2Cases cited3 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Lesley v. KiteSupreme Court of Pennsylvania · 1899
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1902
3Cited by18 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- Sundheim v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1933
- American Surety Co. of New York v. FinletterCourt of Appeals for the Third Circuit · 1921
- Erie v. DiefendorfSupreme Court of Pennsylvania · 1923
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