German-American Title & Trust Co. v. Campbell
Cases that cite this one
2 later published cases cite this decision.
- Zane v. Citizens' Trust & Surety Co. (3d Cir. 1902)
- Citizens' Trust & Surety Co. v. Zane (U.S. Circuit Court for the District of Eastern Pennsylvania 1902)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We see no reason to interfere with the discretion of the-learned court below in refusing to open the judgment in tMscase. There is no dispute whatever as to the fact of the breach of Amweg’s contract, and the loss of the plaintiff in its undertaking to complete the performance of his contract for the erection of the buildings in question. It is perfectly clear-upon the testimony that the work done by the plaintiff was. done solely as surety for Amweg, and that it was done with-the full knowledge and consent of the defendant in the present, judgment, who was surety for Amweg to the plaintiff, against-loss by them as such surety. The plaintiff had an undoubted right to enter the judgment before breach, for its own protection, and also to complete the performance of Amweg’s contract, as surety for Mm. We are very clear that the rule to open the-judgment was properly discharged.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.