Commonwealth Title, etc., Co. v. Folz
Superior Court of Pennsylvania
Appeal, No. 15, Oct. T., 1901, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1900, No. 848, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth Title Insurance and Trust Company v. Leon H. Folz. Assumpsit on a contract of indemnity. The averments of the plaintiff’s statement of claim and of the affidavit of defense sufficiently appear by the opinion of the Superior Court.
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Appeal, No. 15, Oct. T., 1901, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1900, No. 848, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth Title Insurance and Trust Company v. Leon H. Folz. Assumpsit on a contract of indemnity. The averments of the plaintiff’s statement of claim and of the affidavit of defense sufficiently appear by the opinion of the Superior Court. The court made absolute a rule for judgment for want of a sufficient affidavit of defense. JError assigned was the order of the court.
1Opinion of the Court
Opinion by
Smith, J.,
This action is founded on a written agreement, signed by the defendant, of the following tenor:
“ I hereby agree to be responsible to the am’t of five hundred dollars for the completion of premises Nos. 4331-4333 & 4335 *30Chestnut St. — the shares of stock now held by this company bélonging to me to be retained as .security for the above.”
The stock referred to had previously been delivered to the plaintiff by the defendant as an indemnity against loss on a policy issued by the plaintiff (No. 11820) “ to insure completion & against liens” on another building.
It is immaterial,…
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