Philadelphia v. Tradesmen's Trust Co.
Superior Court of Pennsylvania
Appeal, No. 101, Oct. T., 1908, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1905, No. 1,043, on verdict for plaintiff in case of City of Philadelphia to use of Charles J. Thompson v. Tradesmen’s Trust Company. Assumpsit on a contractor’s bonds. The facts are stated in the opinion of the Superior Court. Errors assigned were (1, 2) rulings on evidence referred to in the opinion of the Superior Court, quoting the bill of exceptions and various exceptions.
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Appeal, No. 101, Oct. T., 1908, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1905, No. 1,043, on verdict for plaintiff in case of City of Philadelphia to use of Charles J. Thompson v. Tradesmen’s Trust Company. Assumpsit on a contractor’s bonds. The facts are stated in the opinion of the Superior Court. Errors assigned were (1, 2) rulings on evidence referred to in the opinion of the Superior Court, quoting the bill of exceptions and various exceptions. Verdict and judgment for plaintiff for $264.54. Defendant appealed.
1Opinion of the Court
Opinion by
Beaver, J.,
The defendant company was surety for Wallace & Company, contractors for the construction for the plaintiff of “an extension of the main intercepting sewer from its then terminus at Nixon’s Mill northeast of Fountain Street on piivate property to Shawmont Avenue, thence north upon Shawmont Avenue to Eva Street.” The contract was evidenced by two separate agreements with the city of Philadelphia, one dated November 17, 1902, and the other December 9, 1903. It is admitted that the defendants were surety for the contractor only under the supplemental contract last above…
2Cases cited4 opinions
- Philadelphia v. MaloneSupreme Court of Pennsylvania · 1906
- Pardee v. MarkleSupreme Court of Pennsylvania · 1886
- Woods v. ShermanSupreme Court of Pennsylvania · 1872
- Hoover v. GehrSupreme Court of Pennsylvania · 1869
3Cited by6 opinions
- Commonwealth v. A. Stryker, Inc.Superior Court of Pennsylvania · 1932
- Philadelphia, to Use v. StangeSupreme Court of Pennsylvania · 1931
- Fischbach & Moore, Inc. v. Philadelphia National BankSuperior Court of Pennsylvania · 1938
- John Wanamaker, Phila. v. ChaseSuperior Court of Pennsylvania · 1922
- City of Phila. to Use v. StangeSuperior Court of Pennsylvania · 1931
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