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146 Pa. 381

Bing v. Willey

Pennsylvania Court of Common Pleas, Alleghany County · decided 1892-01-04

No. 94 October Term 1891, Sup. Ct.; court below, No. 444 September Term 1888, C. P. No. 1. On July 12, 1888, an appeal was entered from the judgment of an alderman in favor of Samuel Bing against C. L. Willey. Issue. At the trial, on September 30, 1890, the case, as it went to the jury with some contradiction in the testimony, was as follows : One Fauble was an applicant for a retail license to sell liquors, in March, 1888.

Decided 1892-01-04

Pee Curiam :

¶1The only question is whether the contract alleged by the plaintiff is against public policy. We do not know that it has ever been alleged that it is against public policy for a man to pay for bail or security. It is done every day by public officers, trustees, guardians, and other persons. Indeed, we have trust companies, a large part of whose business it is to furnish security for a consideration. That the bond in this case was as surety for a license to sell liquor, does not affect the principle. The law requires the bond to be given in case a license is granted, and we know of no reason why the licensee should not pay for his security, if he cannot get it otherwise. The defendant denied the contract as alleged by the plaintiff, and' contended that he had not agreed to return the money under any circumstances. This was properly left to the jury.

¶2Judgment affirmed.

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