Park Paving Co. v. Kraft
Citations
- 262 Pa. 178
- 105 A. 39
- 1918 Pa. LEXIS 615
Syllabus
<p>Principal and surety — Execution of bond by surety after principal’s default — Concealment—Fraud—Discharge of surety.</p> <p>1. Where a principal is in default, and the surety executes the bond in ignorance thereof, he will not be bound where knowledge of such default was withheld from him by the obligee; but where the obligee is also ignorant of the default, or where the surety has knowledge of it, the bond is good. Such concealment of a material fact from the surety by the obligee is a fraud upon the surety which vitiates the contract.</p> <p>2. Where a contractor’s bond indicated on its fade that it was given to insure the faithful performance of work thereafter to be done, and not a guaranty of the payment of an existing indebtedness or fixed liability, and, at the time of the execution of the bond by the surety, the contractor was in default, of which the obligee had notice, although the surety was ignorant thereof, good faith required that the real facts should be made known to the surety, and, as this was not done, the bond was void as to the surety.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[Wjhere the principal is in default, and the surety executed the bond in ignorance thereof, he will not be bound, where knowledge of such default was withheld from him by the obligee, but ... where the surety has knowledge of [the default], the bond is good.”
- “[W]here the principal is in default, and the surety executed the bond in ignorance thereof, he will not be bound, where knowledge of such default was withheld from him by the obligee, but . . . where the surety has knowledge of [the default], the bond is good.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown, Frazer, Moschzisker, Stewart, Walling
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- Sumitomo Bank of Cal. v. IwasakiCalifornia Supreme Court· 1968-12-24· cited 57×
- Donaldson v. Hartford Accident & Indemnity Co.Supreme Court of Pennsylvania· 1921-02-21· cited 10×
- Board of Trustees v. International Fidelity InsuranceE.D. Pennsylvania· 2014-10-21· cited 5×
- Anton Zverina Realty Co. v. Maryland Casualty Co.Sixth Circuit· 1933-10-06· cited 3×
- Board of Trustees, Roofers Local No. 30 Combined Welfare Fund v. International Fidelity InsuranceThird Circuit· 2016-03-15· cited 3×
- Watkins Products, Inc. v. SmithPhiladelphia County Court of Common Pleas· 1969-07-22
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.