Commonwealth v. Froelich

Citations

• 56 Pa. Super. 604
• 1914 Pa. Super. LEXIS 127

Syllabus

<p>Principal and surety — Interpleader bond — Judgment—Rights of surety who has paid judgment.</p> <p>1. When a party is required to pay a debt for which he has made himself legally liable, as surety, for which another is liable as principal, and which that other in good conscience ought to pay, such payment operates to invest the party paying with the creditor’s rights and remedies against the principal debtor.</p> <p>2. Where the subject-matter is situated within another state or county but the parties are within the jurisdiction of the court any suit may be maintained and remedy granted which may directly affect and operate upon the person of the defendant and not upon the subject-matter although the subject-matter is referred to in the decree and the defendant is ordered to do or refrain from 'certain acts toward it and it is thus ultimately but indirectly affected by the relief granted.</p> <p>3. A surety on an interpleader bond who has paid a judgment recovered against himself in a suit on the bond, is entitled to compel from the party who received payment, an assignment to himself of a judgment recovered against the principal in the interpleader proceedings, and also an award of the orphans’ court made against the estate of the principal after the latter’s decease, based on the judgment in the interpleader proceedings, and surcharging the administrator for the amount thereof; and this is the case although the party in the inter-pleader proceedings who secured the judgment, and to whom the payment was made, was the surety of the administrator of the deceased principal. In such a case the surety on the interpleader bond had a standing in the orphans’ court to compel a proper accounting by the administrator.</p>