Legal Opinion

Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Swain

Supreme Court of Pennsylvania

Decided January 30, 1899No. Appeal, No. 257PublishedCited by 13 opinions

Appeal, No. 257, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1898, No. 1517, on verdict for plaintiff. Assumpsit upon a bond of suretyship. Case stated. The facts appear by the opinion of Arnold, P. J., which was as follows: It is undoubtedly the law that interest beyond the penalty in a bond for the faithful performance of a trust may be recovered in addition to the penalty.

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Appeal, No. 257, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1898, No. 1517, on verdict for plaintiff. Assumpsit upon a bond of suretyship. Case stated. The facts appear by the opinion of Arnold, P. J., which was as follows: It is undoubtedly the law that interest beyond the penalty in a bond for the faithful performance of a trust may be recovered in addition to the penalty. But when shall the charge of interest begin ? The defendant was surety for the committee of a lunatic, and gave a bond for $2,500, the condition of which was that the committee should…

1Opinion of the Court

Pee, Cubiam,

The questions presented by this record were rightly decided by the learned president of the court below, and the judgment is affirmed on his opinion.

Judgment affirmed.

2Cited by13 opinions

  1. Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
  2. Carbondale City School District v. Fidelity & Deposit Co. of MarylandSupreme Court of Pennsylvania · 1943
  3. Erie Trust Co. Bank v. Employers' Liability Assurance Corp. of London, Ltd.Supreme Court of Pennsylvania · 1936
  4. Herron ex rel. Murray v. StevensonSupreme Court of Pennsylvania · 1918
  5. Clark County v. HowardSouth Dakota Supreme Court · 1931

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