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FIRST NAT. BANK OF ELLWOOD CITY, PA. v. SOUTHERN SURETY CO.

No. 4412.

46 F.2d 305 (1931)

FIRST NAT. BANK OF ELLWOOD CITY, PA., v. SOUTHERN SURETY CO.

Circuit Court of Appeals, Third Circuit.

January 3, 1931.

Attorney(s) appearing for the Case

W. Walter Braham and Aiken & Braham, all of New Castle, Pa., for appellant.

J. Norman Martin and Martin & Martin, all of New Castle, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the view of the court below, this case was controlled by the Pennsylvania statute of frauds and perjuries (33 PS § 3), which is as follows:

"No action shall be brought whereby to charge any executor or administrator, upon any promise to answer damages out of his own estate, or whereby to charge the defendant, upon any special promise, to answer for the debt or default of another, unless the agreement upon which such action...

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