Fegley v. McDonald
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1876, No. 253. Joseph McDonald became surety for one Rose, as treasurer of Stephen Girard Lodge, No. 450, A. Y. M., giving to the lodge, with Rose, a joint and several bond with warrant of attorney in $1000, for the faithful performance by Rose of the duties of his office.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1876, No. 253. Joseph McDonald became surety for one Rose, as treasurer of Stephen Girard Lodge, No. 450, A. Y. M., giving to the lodge, with Rose, a joint and several bond with warrant of attorney in $1000, for the faithful performance by Rose of the duties of his office. Judgment was entered thereon June 25th 1874, which judgment was subsequently opened as to McDonald, who was let into a defence. At the trial, before Finletter, J., it appeared that Rose was ordered by the lodge, on January 28th 1874, to pay…
1Opinion of the CourtJustice Merour
The plaintiffs represent the Stephen Girard, a subordinate lodge of A. Y. M. The defendant was surety for one Rose, as treasurer of the lodge. The claim is against the surety for the alleged default of the treasurer. It appears that the Girard Lodge was indebted to the Grand Lodge for 'rent and dues in the sum of f920. Rose-was, by resolution of his lodge, ordered to pay that sum to the Grand Lodge. After banking hours, on the 27th May 1874, he drew his private check for that amount on the Union Banking Company, sent it to the secretary of the Grand Lodge, and received from him a receipted…
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