Philadelphia v. Pierson
Supreme Court of Pennsylvania
Appeal, No. 313, Jan. T., 1906, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1903, No. 3,692, on verdict for plaintiff in case of City of Philadelphia to use of the Penn Metal Ceiling & Roofing Company, Limited, v. George W. Pierson and The Lincoln Savings & Trust Company. Assumpsit on a penal bond. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 313, Jan. T., 1906, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1903, No. 3,692, on verdict for plaintiff in case of City of Philadelphia to use of the Penn Metal Ceiling & Roofing Company, Limited, v. George W. Pierson and The Lincoln Savings & Trust Company. Assumpsit on a penal bond. The facts are stated in the opinion of the Supreme Court. Defendant presented the following points: 1. Under all the evidence in the case, the verdict of the jury must be for the Lincoln Savings & Trust Company, defendant. Answer: Refúsed. [1] 2. If the jury believe that only…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
George W. Pierson, one of the defendants in the action below, contracted to erect a school building for the city of Philadelphia. The use plaintiff, the Penn Metal Ceiling & Roofing-Company, contracted with Pierson to furnish the steel ceiling-required by the specifications, for the sum of $1,495. Pierson having faffed to complete the building, the work was taken over and completed by the Lincoln Savings & Trust Company, the appellant here, Pierson’s surety. The use plaintiff not having been paid for the ceiling, which it had furnished and put in place before…
2Cases cited2 opinions
- City of Lancaster v. FrescolnSupreme Court of Pennsylvania · 1899
- Horan v. Weiler & EllisSupreme Court of Pennsylvania · 1862
3Cited by5 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Lake County v. Massachusetts Bonding & Insurance Co.Court of Appeals for the Fifth Circuit · 1935
- Miller v. Commercial Electric Construction, Inc.Superior Court of Pennsylvania · 1972
- United States Ex Rel. Vigilanti v. Pfeiffer-Neumeyer Const. Corp.District Court, E.D. New York · 1938
- Miller v. Commercial Electric Construction, Inc.Superior Court of Pennsylvania · 1972