Legal Opinion

Keating v. Peddrick

Supreme Court of Pennsylvania

Decided May 5, 1913No. Appeal, No. 67PublishedCited by 3 opinions

Appeal, No. 67, Jan. T., 1913, by defendants, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 2283, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Ellen Keating v. Frances B. Peddrick and Ada Bussell Baxter, Surviving Executrices and Trustees under the Will of John Baxter, deceased. Assumpsit on a penal bond. The opinion of the Supreme Court states the facts.

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Appeal, No. 67, Jan. T., 1913, by defendants, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 2283, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Ellen Keating v. Frances B. Peddrick and Ada Bussell Baxter, Surviving Executrices and Trustees under the Will of John Baxter, deceased. Assumpsit on a penal bond. The opinion of the Supreme Court states the facts. The court made absolute the plaintiff’s rule for judg-. ment for want of a sufficient affidavit of defense. Defendants appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The action in this case was on a penal bond in the sum of $8,000, conditioned on payment by the obligor, his heirs, executors and administrators, to the obligee, of the sum of $500 per annum, in equal quarterly payments during obligee’s natural life. During his lifetime the obligor paid regularly in accordance with his covenant; but since his death his personal representatives have repeatedly made default, and for the recovery of the arrearages the present action was brought on the bond. An affidavit was filed in which the arrearages claimed were admitted, but…

2Cases cited2 opinions

  1. Duffy v. LytleSupreme Court of Pennsylvania · 1836
  2. New Holland Turnpike Co. v. Lancaster CountySupreme Court of Pennsylvania · 1872

3Cited by3 opinions

  1. Watters v. FisherSupreme Court of Pennsylvania · 1927
  2. Ruggles v. American Surety Co., Pennsylvania Court of Common Pleas, Bradford County1931
  3. Tallman v. MooreSuperior Court of Pennsylvania · 1929

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