Commonwealth ex rel. Smolovitz v. American Surety Co.

Opinion by

Gunther, J.,

This appeal was taken from the refusal of the court below to grant a motion for a new trial.

The action was in assumpsit brought by appellants against American Surety Company of New York on a bond conditioned for the faithful performance of the duties of a Notary Public. The jury rendered a verdict for appellee.

*515The record reveals that Gerald Smolovitz and Lois Eileen Smolovitz purchased a dwelling from Lucas Construction Company of which Harvey L. Lucas was president. To finance the deal a mortgage was secured from East Park Savings and Loan Association. The settlement…