H. H. Robertson Co. v. Globe Indemnity Co.
Supreme Court of Pennsylvania
Appeal, No. 104, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., April T., 1920, No. 2515, for plaintiff on case-stated in case of H. H. Robertson Co. v. Globe Indemnity Co. Case-stated in assumpsit by subcontractor on a bond given to the Commonwealth under the provisions of the State Highways Act of May 31, 1911, P. L. 468. Before Ford, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 104, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., April T., 1920, No. 2515, for plaintiff on case-stated in case of H. H. Robertson Co. v. Globe Indemnity Co. Case-stated in assumpsit by subcontractor on a bond given to the Commonwealth under the provisions of the State Highways Act of May 31, 1911, P. L. 468. Before Ford, J. The opinion of the Supreme Court states the facts. The court entered. judgment for plaintiff for $2,200 on the case-stated. .'Defendant appealed. Error assigned was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff, a subcontractor, sought to recover on a case-stated from the contractor’s surety the price of materials furnished by plaintiff in the course of construction of a section of highway under the State Highway Act of May 31, 1911, P. L. 468. Defendant’s contention was. that no right of action existed in plaintiff company, it not being a party to the contract. The court below entered judgment for plaintiff, from which action defendant appealed, the sole question before us being whether a materialman, either in his own name, or in the name of the Commonwealth…
2Cases cited4 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Commonwealth v. National Surety Co.Supreme Court of Pennsylvania · 1916
- First Methodist Episcopal Church ex rel. Hall v. IsenbergSupreme Court of Pennsylvania · 1914
- Board of Education v. Massachusetts Bonding & InsuranceSupreme Court of Pennsylvania · 1916
3Cited by13 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- Erie v. DiefendorfSupreme Court of Pennsylvania · 1923
- H. H. Robertson Co. v. Globe Indemnity Co.Superior Court of Pennsylvania · 1921
- Portland Sand & Gravel Co. v. Globe Indemnity Co.Supreme Court of Pennsylvania · 1930
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