Philadelphia v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 251, Jan. T., 1901, by defendant, from judgment of C. P. No. 4, Phila. Co., Dee. T., 1898, No. 452, on verdict for plaintiff in case of Philadelphia to use of Samuel Faith and John Long, Copartners, trading as S. Faith & Company, v. George W. Stewart and the Equitable Trust Company. Assumpsit on contract. Before Audenried, J. The facts are fully stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,127.08. Defendant appealed.
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Appeal, No. 251, Jan. T., 1901, by defendant, from judgment of C. P. No. 4, Phila. Co., Dee. T., 1898, No. 452, on verdict for plaintiff in case of Philadelphia to use of Samuel Faith and John Long, Copartners, trading as S. Faith & Company, v. George W. Stewart and the Equitable Trust Company. Assumpsit on contract. Before Audenried, J. The facts are fully stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,127.08. Defendant appealed. Error assigned was in refusing binding instruction for defendant, and in submitting the case to the jury.
1Opinion of the Court
Opinion by
Mb. Justice Dean,
George W. Stewart contracted with the city of Philadelphia to erect additions to the Philadelphia Hospital, and gave bond for the performance of his contract. A general ordinance of the city approved March 30,1896, directed that all contractors for city work should give another bond to the city, conditioned for the prompt payment of all persons furnishing labor and ma*529terials to enable the contractor to prosecute to completion Ms contract with the city. Stewart gave the required additional bond in the sum of $19,030 with the Equitable Trust Company as his surety. The…
2Cases cited2 opinions
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1901
3Cited by21 opinions
- Carl Beasley Ford, Inc. v. Burroughs CorporationDistrict Court, E.D. Pennsylvania · 1973
- McCormack v. JermynSupreme Court of Pennsylvania · 1944
- Aetna Indemnity Co. v. Indianapolis Mortar & Fuel Co.Indiana Supreme Court · 1912
- Philadelphia v. McLindenSupreme Court of Pennsylvania · 1903
- City of Philadelphia ex rel. Warner Co. v. National Surety Corp.Court of Appeals for the Third Circuit · 1944
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