Edward F. Gerber Co. v. Title Guaranty & Surety Co.
District Court, M.D. Pennsylvania
At Law. Action by the Edward E. Gerber Company against the Title Guaranty & Surety Company. On rule to show cause why a judgment in favor of plaintiff, entered for want of an affidavit of defense, should not be stricken off. Rule absolute. Judgment set aside, and permission accorded defendant to answer.
1Opinion of the Court
WITMER, District Judge.
Suit is brought in assumpsit to recover several sums of money, aggregating $4,998.81, with interest, alleged to be due upon a bond given by the defendant, Title Guaranty & Surety Company, to the plaintiff, guaranteeing and insuring the plaintiff against loss as the result of dishonesty of certain of its employés, among whom was one A. F. Jenkins. A copy of the bond is attached to the plaintiff’s statement, wherein it is provided:
“That for the consideration of the premises the company shall, during the term above mentioned, or any subsequent renewal of such term, * * *…
2Cases cited16 opinions
- Corry v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Clarion, M. & P. R. v. HamiltonSupreme Court of Pennsylvania · 1889
- Osborn v. First National BankSupreme Court of Pennsylvania · 1893
- Hebb v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
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