Court Vesper No. 69 v. Fries
Superior Court of Pennsylvania
Appeal, No. 124, Oct. T., 1902, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1902, No. 759, on verdict for plaintiff in case of Court Vesper No. 69, Foresters of America, v. Reuben G. Missimir and Irwin A. Fries. Assumpsit upon a bond of suretyship. Before Audenried, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 124, Oct. T., 1902, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1902, No. 759, on verdict for plaintiff in case of Court Vesper No. 69, Foresters of America, v. Reuben G. Missimir and Irwin A. Fries. Assumpsit upon a bond of suretyship. Before Audenried, J. The facts are stated in the opinion of the Superior Court. At the trial defendant presented the following points, none of which were read to the jury, and all of which were refused. 1. Under the conditions of the bond given by the defendant to the plaintiff, he is liable to the plaintiff for moneys…
1Opinion of the Court
Opinion by
Beaver, J.,
Plaintiff, a beneficial organization, seeks to recover from the surety of its treasurer a bond, the conditions of which only are printed in the appendix. Whether there were any recitals in the bond which would help us to reach a’ conclusion as to its scope and character, we cannot say, having nothing but the condition to guide us in our investigation and interpretation.
Under the by-laws of the plaintiff association, the duties of the treasurer are set forth and it is provided therein that “ he shall be allowed to have in his possession a sum not exceeding $300. He shall,…
2Cases cited4 opinions
- Wayne v. Commercial National BankSupreme Court of Pennsylvania · 1866
- Lauer Brewing Co. v. RileySupreme Court of Pennsylvania · 1900
- Pittsburg, Fort Wayne & Chicago Railway Co. v. ShaefferSupreme Court of Pennsylvania · 1868
- Farmers' etc. N. Bank v. Braden, Pennsylvania Court of Common Pleas, Greene County1891