Portner v. Kirschner
Supreme Court of Pennsylvania
Appeal, No. 158, Jan. T., 1895, by plaintiffs, from order of C. P. No. 3, Phila. Co., June T., 1894, No. 919, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon a bond.
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Appeal, No. 158, Jan. T., 1895, by plaintiffs, from order of C. P. No. 3, Phila. Co., June T., 1894, No. 919, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon a bond. The affidavit of defense of D. J. Gallagher, one of the sureties, was as follows: “ Affiant admits the execution by him of the bond on which suit is brought, on Feb. 19, 1891, and in which he, with P. J. Maguire, guaranteed the payment by one John S. Kirschner, to the obligees therein named, of the sum of nine hundred and seventy-seven dollars and eighty-five cents in three years and…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The facts of this case are clearly presented by the statement *475and the affidavit of defense. It appears that Kirschner was at one time financial secretary of Local Union No. 100 of the Cigar Makers’ International Union. He failed to pay over all the money that canie into his hands as such officer, and on the nineteenth day of February, 1891, gave the bond iu suit for the amount of his indebtedness. The other defendants signed the bond as sureties for him. The condition of the bond was for the payment by Kirschner of the amount of his indebtedness to Local Union…
2Cases cited3 opinions
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