Marshall v. Brainerd

Citations

• 253 Pa. 35
• 97 A. 1057
• 1916 Pa. LEXIS 779

Syllabus

<p>Contracts — Bonds—Suretyship—Officer of corporation — Increase in duties — Belease of surety — Set-off.</p> <p>1. In an action by a corporation against the surety on the official bond of its treasurer, to recover the amount of a misappropriation by the treasurer of moneys belonging to the corporation, the surety cannot set off the amount of a debt owing tp him by the obligee arising from an independent transaction; nor can the treasurer, who is joined as a party defendant, set off moneys alleged to be due him by the company as against his liability for misappropriated treasury moneys.</p> <p>2. Permitting or requiring an employee or agent to perform other duties in addition to those in respect of which the security is given will, not discharge the surety if the additional duties are not such as to prevent or hinder the faithful performance by the principal of those for which the bond is given.</p>