Hall v. Lincoln Savings & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 252, Jan. T., 1907, by plaintiffs, from order of C. P. No. 1, Phila. Co., March T., 1904, No. 3,772, entering judgment for defendant non obstante veredicto in case of Samuel D. Hall et al., trading as Hall Brothers & Wood, v. Lincoln Savings and Trust Company. Assumpsit by a subcontractor against a surety of a public contractor. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 252, Jan. T., 1907, by plaintiffs, from order of C. P. No. 1, Phila. Co., March T., 1904, No. 3,772, entering judgment for defendant non obstante veredicto in case of Samuel D. Hall et al., trading as Hall Brothers & Wood, v. Lincoln Savings and Trust Company. Assumpsit by a subcontractor against a surety of a public contractor. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for 11,615. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in. entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
On July 31,1901, George W. Pierson entered into a contract with the city of Philadelphia for the erection of a schoolhouse. The defendant 3\ere, the Lincoln Savings and Trust Company, became his surety upon two bonds, one for the faithful performance of the contract, and the other for the payment of subcontractors and material men. The right of action upon the latter bond was by its terms limited to two years. Pierson agreed with the trust company that it should collect from the city all the moneys coming due on his contract, and should pay upon his orders the…
2Cases cited1 opinion
- Maule v. BucknellSupreme Court of Pennsylvania · 1865
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- A. M. Karns & Sons v. James McGraw Co., Pennsylvania Court of Common Pleas, Fulton County1921
- Collins v. HerwickSuperior Court of Pennsylvania · 1933
- Silberstein v. BernsteinSuperior Court of Pennsylvania · 1914