City of Pittsburg v. Rhodes
| Decision Date | 03 January 1911 |
| Docket Number | 198 |
| Citation | 79 A. 634,230 Pa. 397 |
| Parties | Pittsburg, Appellant, v. Rhodes, et al |
| Court | Pennsylvania Supreme Court |
Argued November 2, 1910
Appeal, No. 198, Oct. T., 1910, by plaintiff, from order of C.P. No. 2, Allegheny Co., July T., 1908, No. 174, opening judgment entered d.s.b. for plaintiff in case of City of Pittsburg v. Joshua Rhodes, now W. B. Rhodes and Mary H Rhodes, executors, et al. Affirmed.
Rule to open judgment and stay execution on a surety bond. Before SHAFER, J.
The facts appear in the opinion of the Supreme Court.
Error assigned was in making absolute rule to open judgment.
Charles A. O'Brien, with him A. M. Imbrie, for appellant, cited Pittsburg, Ft. Wayne & Chicago Ry. Co. v. Shaeffer, 59 Pa. 350; Harrisburg v. Guiles, 192 Pa. 191; Lancaster County v. Hershey, 205 Pa. 343; McCracken v. The Church, 111 Pa. 106; Leas v. Hafer, 39 Pa.Super. 160; Com. v. Caldwell, 224 Pa. 103.
William Watson Smith, with him George B. Gordon, for W. B. Rhodes and Mary H. Rhodes, executors of Joshua Rhodes, deceased, cited: Clayton's Case, 1 Merivale, 572; McKee's Executors v. Com., 2 Grant, 23; Bodenham v. Purchas, 2 Barnewall & Alderson, 39; United States v. Wardwell, 5 Mason, 82.
Before BROWN, MESTREZAT, POTTER, ELKIN, STEWART and MOSCHZISKER, JJ.
The Allegheny National Bank was selected as one of the depositories of the city of Pittsburg for a term of four years and two months, beginning December 1, 1900, and ending January 31, 1905. To secure the safe custody of all moneys to be deposited with it during that period, the bank executed its bond to the city, upon which Joshua Rhodes, deceased, was one of the sureties. On January 31, 1905, -- the day the term of the depository expired -- there was on deposit with it to the credit of the city a balance of $1,014,635.32. The bank was rechosen as one of the city's depositories, and the balance to its credit at the close of business on January 31 1905, was entered by the bank in the individual transfer ledger on February 1, 1905, as a deposit to the credit of the city. For the new term of the depository, beginning February 1, 1905, and to end January 31, 1909, it gave a new bond to the city upon which Rhodes was not a surety. Between February 1, 1905, and May 16, 1908, -- the day the bank closed its doors -- the city deposited with it, in addition to the $1,014,635.32 credited to it on February 1, 1905, $22,401,147.86 and during that period checked out $21,868,829.24. On March 17, 1908, the balance to its credit was reduced to $310,515.93. On May 18, 1908, the city of Pittsburg entered judgment against the sureties on the bond covering the period between December 1, 1900, and January 31, 1905, and...
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