Baum v. Union Surety & Guaranty Co.

Citations

• 19 Pa. Super. 23
• 1901 Pa. Super. LEXIS 405

Syllabus

<p>Principal and surety — Affidavit of defense of surety — Embezzlement.</p> <p>In an action on the bond of an agent to recover money which the agent failed to pay, an affidavit by the surety is insufficient which avers (1) that the deponent “is informed and so believes” the principal “denies the charges and facts set forth in plaintiff’s statement, and claims that he has in all respects, and in manner and form as required by the bond in suit, and by his employment, performed all the conditions and duties thereof; ” (2) that “ plaintiffs have caused the arrest of the principal upon the charge ef embezzlement, and the trial is still pending in the city of Washington.”</p> <p>Practice, C. P. — Affidavit of defense — Information and belief.</p> <p>Mere information and belief of one defendant stated in an affidavit of defense as to denials and claims by a codefendant respecting the cause of action, avail nothing unless coupled with expectation of the means of proof.</p> <p>Contract — Principal and surety — Breach of contract — Criminal liability.</p> <p>There is no authority for the proposition that a contract cannot be enforced, or that action on it must be suspended because the party in default may by his nonperformance have incurred a criminal liability.</p>