Commonwealth ex rel. Delahanty v. Kean
Superior Court of Pennsylvania
Appeal, No. 67, Oct. T., 1899, by defendants, from judgment of O. P. No. 1, Phila. Co., June T., 1898, No. 194½, making absolute rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 67, Oct. T., 1899, by defendants, from judgment of O. P. No. 1, Phila. Co., June T., 1898, No. 194½, making absolute rule for judgment for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Rule for judgment for want of a sufficient affidavit of defense. • It appears from the record that this was an action of assumpsit brought against William Hay, as principal, and the appellants, William O. Kean, Jr., and John F. Betz, Jr., as sureties on an administration bond to recover the amount of a certain claim due and unpaid by the said William Hay as administrator of…
1Opinion of the Court
Opinion by
William W. Porten, J.,
This suit is brought against the sureties upon the* bond of the administrator of the estate of Arthur Godson, deceased. The use plaintiff is a creditor of that estate. The adjudication of the orphans’ court upon the account of the administrator shows that the use plaintiff’s claim was awarded payment. There is nothing to indicate that it was paid. The balance remaining after the allowance of certain claims (including that of the plaintiff), was awarded to Charles Godson, as next of kin. The administrator failed to make distribution. Godson, the distributee of…
2Cases cited1 opinion
- Federal Insurance v. RobinsonSupreme Court of Pennsylvania · 1876
3Cited by1 opinion
- Commonwealth v. KeanSuperior Court of Pennsylvania · 1902