Herr v. United States Casualty Co.

Opinion by

Mr. Justice Drew,

Plaintiffs, the present liquidating trustees of the Keystone Westmoreland Building and Loan Association, brought two actions of assumpsit against the United States Casualty Company as surety on the bonds of two former liquidating trustees of the association. The cases are identical and will be treated as one. The learned court below, being of the opinion that no cause of action had been stated, sustained defendant’s affidavits of defense raising questions of law and entered judgments of non pros., and plaintiffs appealed.

The statements of claim allege that the…