Pittsburgh-Buffalo Co. v. Schmidt

Citations

• 236 Pa. 569
• 85 A. 20
• 1912 Pa. LEXIS 800

Syllabus

<p>Public officers — Oiiy treasurer — Principal and surety.</p> <p>1. Neither a city treasurer nor his sureties can be held liable to an assignee of a part of a city contractor’s claim against the city, because he has assented to the assignment on behalf of the city without authority to do so.</p> <p>2. An official bond, such as that of the city treasurer, imposes no liability on the surety for acts not done as part of, or in connection with, official duty.</p> <p>3. When a man deals with an officer of a municipal or other corporation, and no representations are made by such officer, and he simply proposes to bind the corporation, but as a matter of fact the corporation is not bound because the contract is ultra vires, the officer is under no personal liability.</p>