King v. Security Co.
Supreme Court of Pennsylvania
Appeal, No. 316, Jan. T., 1912, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1911, No. 74, for plaintiff, for want of a sufficient affidavit of defense in case of H. L. King v. Tbe Security Company of Pottstown, Pa. Assumpsit on a surety’s bond.
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Appeal, No. 316, Jan. T., 1912, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1911, No. 74, for plaintiff, for want of a sufficient affidavit of defense in case of H. L. King v. Tbe Security Company of Pottstown, Pa. Assumpsit on a surety’s bond. Before Sadler, P. J. Tbe defendant petitioned for a rule to set aside tbe service of tbe writ, wbicb after bearing was discharged, and defendant then filed tbe following affidavit of defense : George N. Malsberger, being duly sworn according to law, deposes and says that he is the president of the defendant company above named. That…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from a judgment entered for want *551of a sufficient affidavit of defense. Suit was brought against the defendant as surety upon a bond given to secure the faithful performance of a contract to furnish labor and materials for the construction of a reservoir. The action was brought in Cumberland County, where the work was to be performed. The office of the defendant, and its principal place of business, is in Pottstown, Montgomery County, and the writ was served by the sheriff of that county, who was deputized for the purpose by the sheriff .of…
2Cases cited3 opinions
- Class v. Kingsley, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Baum v. Union Surety & Guaranty Co.Superior Court of Pennsylvania · 1901
- Phila. & Reading R. R. v. SnowdonSupreme Court of Pennsylvania · 1895
3Cited by12 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Myers v. Mooney Aircraft, Inc.Supreme Court of Pennsylvania · 1967
- Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
- Jones v. Dubuque Fire & Marine InsuranceSupreme Court of Pennsylvania · 1934
- West Arch Building & Loan Ass'n v. NicholsSupreme Court of Pennsylvania · 1931
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