Philadelphia v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 409, Jan. T., 1899, by defendant, George W. Stewart, from order of C. P. No. 4, Phila. Co., March T., 1899, No. 581, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia to use of Thomas J. .Rose Brick Manufacturing Co. v. George W. Stewart and tbe Equitable Trust Company. Assumpsit on a bond.
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Appeal, No. 409, Jan. T., 1899, by defendant, George W. Stewart, from order of C. P. No. 4, Phila. Co., March T., 1899, No. 581, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia to use of Thomas J. .Rose Brick Manufacturing Co. v. George W. Stewart and tbe Equitable Trust Company. Assumpsit on a bond. From tbe record it appeared that George W. Stewart entered into a contract with the city of Philadelphia to erect a school building. He gave a bond to secure laborers, subcontractors and material men. In this bond the city was…
1Opinion of the Court
Opinion by
Mb,. Justice Mitchell,
The appellant voluntarily executed a bond as part of his contract with the city for certain work for which he was a .bidder, and he now seeks to evade the express obligation of the bond upon the ground that the condition was ultra vires upon the part of the city to exact. For such a defense to prevail the legal want of power in the city ought to be shown beyond question. In the present case the defense is as bare of legal as it is of moral merit.
Under the provisions of a general ordinance, the bond in suit was given by the contractor and his surety conditioned…
2Cases cited6 opinions
- Lesley v. KiteSupreme Court of Pennsylvania · 1899
- City of Lancaster v. FrescolnSupreme Court of Pennsylvania · 1899
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
- Commonwealth ex rel. State Hospital for the Insane v. County of PhiladelphiaSupreme Court of Pennsylvania · 1899
- Shepherd v. BuschSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
- New Britain Lumber Co. v. American Surety Co.Supreme Court of Connecticut · 1931
- Clatsop County ex rel. Hildebrand v. FeldschauOregon Supreme Court · 1921
41 more not listed; retrieve them via the Exa API.