Conn v. United States Fidelity & Guaranty Co.

Citations

• 13 Tiess. 99

Syllabus

<p>Syllabus.</p> <p>1. The surety upon a contractor’s bond under Act 167 o£ 1912 when called into a concursus for the purpose of contesting the claims urged against the property, occupies a position akin to that of a personal warrantor towards the owner, and citation by the owner alone sufficies for a judgment establishing the.amount of such claims and condemning the surety to deposit in Court a sum sufficient to discharge such claims and release the property.</p> <p>2. A surety who binds himself for a fixed sum cannot be condemned to pay more.</p>