Commonwealth v. Cox's Administrator
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. This was an action of debt by The Commonwealth of Pennsylvania, for the use of Michael Zimmerman and Frederick Gonder, against Walter F. Fundenburg, administrator de bonis non of Joshua F. Cox, deceased, upon a bond given by'the defendant’s intestate, as one of the sureties of Samuel Kimmel, guardian of the minor children of John Graham, deceased.
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Error to the Common Pleas of Somerset county. This was an action of debt by The Commonwealth of Pennsylvania, for the use of Michael Zimmerman and Frederick Gonder, against Walter F. Fundenburg, administrator de bonis non of Joshua F. Cox, deceased, upon a bond given by'the defendant’s intestate, as one of the sureties of Samuel Kimmel, guardian of the minor children of John Graham, deceased. The parties agreed upon a ease stated, in the nature of a special verdict, in .which the following facts were set forth:— On the 5th December 1837, Samuel Kimmel was appointed by the Orphans’ Court of…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The first sureties of the guardian ought to have asked for “ counter securities,” or surety for their own indemnity *444under the 28th section of the Orphans’ Court Law of 1832; hut instead of that they asked for “ other and further security” under the 22d section; and the court ordered that and it was given. The decree and the bond under it show this and nothing more. The result was, that to the three sureties of the first bond, there were added, by a second bond, two others; and the whole five are all alike bound for a full performance of…
2Cited by2 opinions
- Commonwealth v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1909
- Freeman v. SundheimSupreme Court of Pennsylvania · 1943