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· 3/9/1903

Philadelphia v. McLinden

Citations

  • 205 Pa. 172
  • 54 A. 719
  • 1903 Pa. LEXIS 542

Syllabus

<p>Bonds — Municipal bonds — Laborers—Alien laborers — Notice to surety— Principal and surety.</p> <p>In an action on a bond of a municipal contractor by the city of Philadelphia to the use of persons employed on the work by the contractor, the surety on the bond cannot defend on the grounds (1) that the use plaintiffs, being day laborers, are not entitled to the protection of the bond ; (2) that the surety was released because of the payment to the contractor by the city after notice; (3) that the laborers were aliens employed by the contractor in violation of the Act of Assembly of June 25, 1895, P. L. 269, and of the ordinance of December 16, 1896, and the terms of the contract.</p>

Judges: Blown, Dean, Fell, Mestlezat, Mitchell, Pottel

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