Philadelphia v. Fidelity & Deposit Co.
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1910, by defendant from order of C. P. No. 5, Phila. Co., Feb. Term, 1910, No. 4,614, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of William P. Thompson, Surviving Partner of the Firm of William P. Thompson and Robert P. Thompson, trading as Thompson Brothers v. Fidelity and Deposit Company of Maryland. Assumpsit on a bond.
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Appeal, No. 138, Jan. T., 1910, by defendant from order of C. P. No. 5, Phila. Co., Feb. Term, 1910, No. 4,614, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of William P. Thompson, Surviving Partner of the Firm of William P. Thompson and Robert P. Thompson, trading as Thompson Brothers v. Fidelity and Deposit Company of Maryland. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the casé. Error assigned was order making absolute rule for judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On December 11, 1907, the firm of Lynch Brothers contracted to erect a schoolhouse for the city of Philadelphia, to be finished by August 1, 1908. A percentage of the contract price was to be retained by the city until the acceptance of the building, and the sum of $3,723.58 for a period of twelve months after completion, as a guarantee for the sufficiency of the work. The Fidelity and Deposit Company of Maryland, the defendant, became surety on a bond given by the contractors under the city ordi*211nance of March 30, 1896, to secure payment to subcontractors and…
2Cases cited2 opinions
- Young v. American Bonding Co.Supreme Court of Pennsylvania · 1910
- Lesley v. KiteSupreme Court of Pennsylvania · 1899
3Cited by32 opinions
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Pennsylvania Supply Co. v. National Casualty Co.Superior Court of Pennsylvania · 1943
- Trustees of Methodist Episcopal Church of Franklin v. Equitable Surety Co.Supreme Court of Pennsylvania · 1921
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- South Phila. State Bank v. National Surety Co.Supreme Court of Pennsylvania · 1926
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