185 A. 639 | Pa. | 1936
Argued May 28, 1936. Defendant Tillman obtained a liquor license for the year 1934 for his restaurant in Chester County, and furnished to the Pennsylvania Liquor Control Board the required bond in the sum of $2,000 with defendant United States Fidelity Guaranty Co. as surety. The bond was given in accordance with the provision of section 406 of the Act of November 29, 1933 (Special Session), P. L. 15.
In November, 1934, Tillman's license was revoked by the Court of Quarter Sessions of Chester County under section 410 of the act because, as a result of testimony taken, it was found that he had sold liquor on a Sunday. In February, 1935, by virtue of the warrant of attorney contained in the bond, judgment was entered against defendants in the Court of Common Pleas of Dauphin County in the amount of $2,000. Defendant United States Fidelity Guaranty Co. took a rule on plaintiff to show cause why the judgment against it should not *340 be opened. This rule was discharged and the surety company took the present appeal.
The petition to open the judgment was based upon the fact, admitted by the Commonwealth, that agents of the Pennsylvania Liquor Control Board had visited Tillman's restaurant early on a Sunday morning, found it closed, knocked and were admitted, and were served with drinks only as a result of their own solicitation and persuasion. It is claimed that Tillman's violation of the law was thus induced by plaintiff itself. These same facts were presented to the Court of Quarter Sessions of Chester County, which nevertheless revoked the license. The judgment of that court cannot be collaterally attacked, and is as binding on the surety as on Tillman:Little v. Commonwealth,
It is argued that the judgment of revocation, even though conclusive, did not necessarily work a forfeiture of the bond, and reliance for this contention is placed upon Revocation ofMark's License,
The order of the court below is affirmed.