Central Trust & Savings Co. v. Henry Kraan Furniture Co.
Superior Court of Pennsylvania
Appeal, No. 155, Oct. T., 1913, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1912, No. 4,700, for plaintiff on demurrer to statement of claim in suit of Central Trust & Savings Company v. Henry Kraan Furniture Company. Assumpsit on a bond. Demurrer to statement of claim. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for plaintiff on demurrer.
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff founds this action of assumpsit on a bond sealed and delivered by the defendant corporation, and claims the right' to recover the entire penal sum therein named. To this statement of claim the defendant filed a demurrer assigning a number of reasons in support thereof. The learned court below overruled the demurrer and entered a judgment for the plaintiff for the entire sum named in the bond. From that judgment this appeal was- taken.
If it appear from an examination of the bond that it is in essence and substance an obligation for the payment of a definite sum…
2Cases cited4 opinions
- Weightman v. Union Trust Co.Supreme Court of Pennsylvania · 1904
- Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1903
- Wheeler v. Real Estate Title Ins. & Trust Co.Supreme Court of Pennsylvania · 1894
- Seymour v. Tradesmen's Trust & Saving Fund Co.Supreme Court of Pennsylvania · 1902
3Cited by3 opinions
- Fox Chase Bank v. Wayne Junction Trust Co.Supreme Court of Pennsylvania · 1917
- Central Trust & Savings Co. v. Henry Kraan Furniture Co.Superior Court of Pennsylvania · 1916
- Dunlap v. SpieseSupreme Court of Pennsylvania · 1915