Taylor v. McCafferty
Superior Court of Pennsylvania
Appeal, No. 247, Oct. T., 1904, by plaintiff, from decree of O. P. Center Co., Nov. T., 1904, No. 2, dismissing bill in equity in case of R. B. Taylor v. James A. Mc-Cafferty, interpleaded with the supervisors of Spring Township. Bill in equity for an injunction.
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Appeal, No. 247, Oct. T., 1904, by plaintiff, from decree of O. P. Center Co., Nov. T., 1904, No. 2, dismissing bill in equity in case of R. B. Taylor v. James A. Mc-Cafferty, interpleaded with the supervisors of Spring Township. Bill in equity for an injunction. From the record it appeared that James A. McCafferty made the following motion: And now, to wit: November 4,1903, James A. McCafferty, one of the defendants above named, moves the court to dissolve the preliminary injunction issued in this case and to dismiss plaintiff’s bill of complaint, with costs to be paid by said plaintiff, for…
1Opinion of the Court
Opinion by Smith, J.,
The plaintiff, a surety, having performed the contract of his principal, upon notice by the party entitled to performance, seeks reimbursement through subrogation to the principal’s claim to the contract price. Upon the case, as set forth in the bill, his right to this, in equity, cannot be doubted. The defaulting principal is the only party who questions this, and he sets up, also, a technical objection to the form of the notice to appear and answer, indorsed on the bill.
This notice requires the defendant to appear within fifteen days. As a notice to appear, this is in…
2Cases cited4 opinions
- Borough v. RoehmeSupreme Court of Pennsylvania · 1900
- Hinnershitz v. United Traction Co.Supreme Court of Pennsylvania · 1903
- Hughes v. AntillSuperior Court of Pennsylvania · 1903
- Brinton v. HogueSupreme Court of Pennsylvania · 1896
3Cited by9 opinions
- Wormley EstateSupreme Court of Pennsylvania · 1948
- Thomas v. ThomasSuperior Court of Pennsylvania · 1933
- Kane & Elk Railroad v. Pittsburgh & Western R. R.Supreme Court of Pennsylvania · 1913
- Civera v. CiveraSuperior Court of Pennsylvania · 1953
- Sporkin v. MacBrideSuperior Court of Pennsylvania · 1928
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