Byers's Estate

Citations

• 205 Pa. 66
• 54 A. 492
• 1903 Pa. LEXIS 517

Syllabus

<p>Principal and surety — Notice to surety — Action—Negligence.</p> <p>A firm of contractors gave a bond with sureties to a corporation which had a contract to build a waterworks for a town. The bond was conditioned for the faithful performance of the contract with the town. The contract contained a clause indemnifying the town from liability by failure to guard persons and property from injury occasioned by the negligence of the corporation. During the progress of the work a child was injured, and nine years after the injury suit was brought against the town. Seven months after the action was brought, and two days before the cause was tried, the company served a notice upon the administrator of one of the sureties, reciting the contract and bond, and the pendency of the action. An attorney for the administrator went to the court in another state, and found the case on trial. He did not participate in it, and litigation resulted finally in a judgment against the corporation, which made no defense and conceded its liability. Held, that the notice was not given within a reasonable time and that the estate of the surety could not be held liable.</p>