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COM., use of SMOLOVITZ et ux. v. AM. SURETY CO.

188 Pa.Super. 513 (1959)

Commonwealth to the use of Smolovitz et ux., Appellants, v. American Surety Company of New York.

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

Samuel M. Rosenzweig, with him Aaron Rosenzweig, for appellants.

William F. Donatelli, with him James M. McCandless, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, ERVIN, and WATKINS, JJ. (WOODSIDE, J., absent).

OPINION BY GUNTHER, J., March 18, 1959:

This appeal was taken from the refusal of the court below to grant a motion for a new trial.

The action was in assumpsit brought by appellants against American Surety Company of New York on a bond conditioned for the faithful performance of the duties of a Notary Public. The jury rendered a verdict for appellee.

The record reveals that Gerald Smolovitz and...

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