Equitable Trust Co. v. National Surety Co.
Supreme Court of Pennsylvania
Appeal, No. 239, Jan. T., 1905, by defendant, from .judgment of C. P. No. 5, Phila. Co., March T., 1901, No. 390, on verdict for plaintiff in case of Equitable Trust Company v. National Surety Company. Assumpsit on a bond. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,843.82. Defendant appealed. Error assigned was in not entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The question involved in this appeal is whether the bond upon which suit was brought is one of indemnity or of guaranty, or both. If it is a bond of indemnity alone the contention of the appellant must prevail. If, however, it is not only a bond of indemnity but an absolute undertaking to furnish the materials and complete the work, judgment was properly entered in the court below.
The answer must be found in the terms and conditions of the bond itself. The citation of authorities wherein bonds have been construed is of little value to a court in determining the…
2Cases cited5 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Weightman v. Union Trust Co.Supreme Court of Pennsylvania · 1904
- Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1903
- Kiewit v. CarterNebraska Supreme Court · 1889
- Pure Oil Co. v. TerrySupreme Court of Pennsylvania · 1904
3Cited by27 opinions
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- Purdy v. MasseySupreme Court of Pennsylvania · 1931
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Pennsylvania Supply Co. v. National Casualty Co.Superior Court of Pennsylvania · 1943
- Faulkner v. McHenrySupreme Court of Pennsylvania · 1912
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