Pittsburgh-Buffalo Co. v. Schmidt
Supreme Court of Pennsylvania
Appeal, No. 140, Jan. T., 1912, by plaintiff, from judgment of C. P. Crawford Co., May T., 1911, No. 48, for defendant, on demurrer to statement in case of Pittsburgh-Buffalo Company v. Charles H. Schmidt and the United Stated Fidelity & Guaranty Company. Demurrer to statement of claim.
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Appeal, No. 140, Jan. T., 1912, by plaintiff, from judgment of C. P. Crawford Co., May T., 1911, No. 48, for defendant, on demurrer to statement in case of Pittsburgh-Buffalo Company v. Charles H. Schmidt and the United Stated Fidelity & Guaranty Company. Demurrer to statement of claim. Before Prather, P. J. The facts appear by the opinion of the Supreme Court and by the report of Vetter v. City of Meadville, 236 Pa. 563. Error assigned was judgment for defendant on the demurrer.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
In this action the effort was to charge the defendant, Charles H. Schmidt, with personal liability for his failure as treasurer of the city of Meadville, to retain out of the money due from the city to George J. Vetter on the latter’s contract, the amount Vetter had assigned thereout to this plaintiff. The action was against the bonding company that had become surety *571for Schmidt as treasurer to the city, as well. The facts appear in the case of Vetter to use versus City of Mead-ville, to No. 128, January Term, 1912, 236 Pa. 563, just decided, and they need not be…
2Cases cited2 opinions
- M'Caraher v. CommonwealthSupreme Court of Pennsylvania · 1842
- Vetter v. MeadvilleSupreme Court of Pennsylvania · 1912