Appeal from order of Court of Common Pleas of Luzerne County, Jan. T., 1971, No. 760, in case of United States Fidelity and Guaranty Company v. Frank M. Quinn.
Joseph F. Gallagher, for appellant.
Thomas C. Moore, for appellee.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Watkins, J.
[ 223 Pa. Super. Page 286]
This is an appeal from the Order of the Court of Common Pleas of Luzerne County, striking a judgment in favor of United States Fidelity and Guaranty Company, the plaintiff- appellant, and against Frank M. Quinn, the defendant-appellee, in the amount of $2,000.00.
The appellee, Frank M. Quinn, was a hotel licensee under the jurisdiction of the Pennsylvania Liquor Control Board. On May 16, 1966, the appellant-company became the surety on the $2,000.00 bond which is a requisite to enable the appellee to obtain a hotel liquor license under the Pennsylvania Liquor Code. Such a bond must be filed before the privilege may be granted.
The pertinent portions of the bond relating to this appeal read as follows:
"Whereas, the above bounden principal desires to operate at the place within the Commonwealth set forth above for the license term ending July 31, 1967, in accordance with the provisions of the Liquor Code (Act of April 12, 1951, P. L. 90), as amended and the Regulations of the Board, adopted under, and pursuant thereto.
"Now Therefore, the condition of this obligation is such that if upon and after the issuance of such license the above bounden principal shall fully and faithfully observe the provisions of all the laws of this Commonwealth and the rules and regulations promulgated by the Pennsylvania Liquor Control Board relating to liquors, malt or brewed beverages, and alcohol, then this obligation shall be void; otherwise it shall remain in full force, virtue and effect.
"And the obligors, jointly and severally, for themselves, their heirs, executors, administrators, successors
[ 223 Pa. Super. Page 287]
and assigns, do agree with the Commonwealth of Pennsylvania that upon violation of the said Liquor Code (Act of April 12, 1951, P. L. 90), as amended or of any laws of this Commonwealth and the rules and regulations promulgated by the Pennsylvania Liquor Control Board Code relating to liquors, malt or brewed beverages, and alcohol and upon the revocation of the license aforesaid for any ...