Bradley v. Holleran
Superior Court of Pennsylvania
Appeal, No. 16, Oct. T., 1914, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1900, No. 2,991, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Walter T. Bradley v. Maggie A. Holleran, Administrator of Estate of David J. Holleran, deceased, Principal, and Massachusetts Bonding and Insurance Company, Surety. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 16, Oct. T., 1914, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1900, No. 2,991, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Walter T. Bradley v. Maggie A. Holleran, Administrator of Estate of David J. Holleran, deceased, Principal, and Massachusetts Bonding and Insurance Company, Surety. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the facts. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit…
1Opinion of the Court
Opinion by
Trexler, J.,
The question raised by this appeal is whether the surety company is liable upon the bond which it gave, although the principal did not execute the bond. The clause of the bond which we are called upon to construe reads as follows, “Know all men by these presents that we, David J. Holleran, of Philadelphia, (hereinafter called the principal), as principal and Massachusetts Bonding and Insurance Company, a Corporation established under the laws of the Commonwealth of Massachusetts, and having its principal office in Boston in said Commonwealth, (hereinafter called the…
2Cases cited5 opinions
- Morrison v. American Surety Co.Supreme Court of Pennsylvania · 1909
- Loew's Administrator v. StockerSupreme Court of Pennsylvania · 1871
- Keyser v. KeenSupreme Court of Pennsylvania · 1851
- Grim v. School DirectorsSupreme Court of Pennsylvania · 1866
- Fertig v. BucherSupreme Court of Pennsylvania · 1846
3Cited by4 opinions
- Donaldson v. Hartford Accident & Indemnity Co.Supreme Court of Pennsylvania · 1921
- Hanauer v. National Surety Co.Supreme Court of Pennsylvania · 1924
- Van Tassel v. Churchill, Pennsylvania Court of Common Pleas, Tioga County1927
- Washington Township School Directors v. RenstromSupreme Court of Pennsylvania · 1932