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COMMONWEALTH v. MARYLAND CASUALTY CO.

369 Pa. 300 (1952)

Commonwealth, to use, v. Maryland Casualty Company, Appellant.

Supreme Court of Pennsylvania.

January 7, 1952.

Attorney(s) appearing for the Case

Robert C. Kitchen, with him Richard A. Smith and Robert S. Ingersoll, Jr., for appellant.

Herbert A. Barton, with him Swartz, Campbell & Henry, for appellee.

Before DREW, C.J., STERN, STEARNE, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE HORACE STERN, January 7, 1952:

This is a proceeding to recover on the bond of a Notary Public. It arises from still another of the "Bennewitt" mortgage transactions.1

The complaint filed by the use-plaintiff, Willow Highlands Company, averred that use-plaintiff had agreed to advance the sum of $5500 on a loan to Herbert and Mary L. Leach to be secured by a first mortgage...

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