United States v. Mercantile Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 193, Oct. T., 1905, by-defendant, from order of C. P. No. 1, Allegheny Co., Oct. T., 1905, No. 535, making absolute rule for judgment for want of a sufficient affidavit of defense in case of United States of America for the use of Frank A. Bailey and Richard Jones, partners as Wilson Bailey & Company, now for the use of Frank Shannon v. The Mercantile Trust Company of Pittsburg. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 193, Oct. T., 1905, by-defendant, from order of C. P. No. 1, Allegheny Co., Oct. T., 1905, No. 535, making absolute rule for judgment for want of a sufficient affidavit of defense in case of United States of America for the use of Frank A. Bailey and Richard Jones, partners as Wilson Bailey & Company, now for the use of Frank Shannon v. The Mercantile Trust Company of Pittsburg. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The bond in suit concluded as follows : “ In witness whereof, the parties hereto have executed this instrument this…
1Opinion of the Court
Per Ctjrtam,
As the principals, the contractors, signed the contract under seal, it is difficult to perceive the basis of the averment in the affidavit of defense, “ that this defendant is only liable for such debts as could be collected from ” the contractors. While it may be that the use plaintiff was too late to recover on Ms book account against the contractors, yet it is very clear that he could recover against them on this bond.
But independent of that the bond in suit is security for the debt to the use plaintiff, and like any other collateral is not *413released until the debt has been…
2Cases cited1 opinion
- Winton v. LittleSupreme Court of Pennsylvania · 1880
3Cited by8 opinions
- Monongahela Street Railway Co. v. Philadelphia Co.Supreme Court of Pennsylvania · 1944
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Priester v. MillemanSuperior Court of Pennsylvania · 1947
- Stucker v. ShumakerSupreme Court of Pennsylvania · 1927
- United States Ex Rel. Century National Bank v. Nigro (In Re Louis Rosenberg Auto Parts, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1997
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