187 F. 98 | 3rd Cir. | 1911
This suit was brought in the Circuit Court for the Eastern District of Pennsylvania, in the name of the United States, to the use of the General Electric Company, a corporation of the state of New York, against the Title Guaranty & Sure
The opinion of the court below is reported at 182 Fed. 240. After full argument and due consideration, we are of opinion its judgment should be affirmed. The case, being between citizens of different states and for an amount in excess of the statutory sum, was one of federal jurisdiction. When sued thereon in the Eastern district of Pennsylvania the defendant by its affidavit of defense invoked the jurisdiction of that court to determine two questions, namelv, whether under the federal statutes providing tor suits upon bonds given to the United States, such as here in question, a right of action had accrued; and, secondly, whether the plaintiff had not precluded itself from bringing this suit by reason of its participation in the bankruptcy proceeding in the Southern district of New York against the principal on the bond.
“ * * * Nothing clone or required under its terms shall operate or he held to annul, release, reduce, or otherwise affect the 'bond attached to (he aforesaid contrae!, but the same shall be and remain in full force and virtue in the same manner and with like effect as though the modifications herein prodded for had be.e.n included in and made a part of the aforesaid contract at the time of the execution of the same.”
It follows, therefore, that all these modifications, which were assented to by the surety, are read into and become parts of the original contract.
The judgment below is therefore affirmed.
Weaver v. Stone, 2 Grant, Cas. 423; McCleary v. Gas Co., 34 Pa. Co. Ct. R. 569: Deskins v. Association, 15 Pa. Co. Ct. R. 79.