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COMMONWEALTH v. LIEDERKRANTZ ET AL. (01/19/73)

decided: January 19, 1973.

COMMONWEALTH
v.
LIEDERKRANTZ ET AL., APPELLANTS



Appeal from order of Court of Common Pleas of Dauphin County, No. 402 Commonwealth Docket, 1967, in case of Commonwealth of Pennsylvania v. Beltzhoover Liederkrantz and American Casualty Company of Reading, Penna.

COUNSEL

Jack W. Plowman, with him Plowman and Spiegel, for appellant.

Alexander J. Jaffurs, Assistant Attorney General, with him Albert B. Miller, Special Assistant Attorney General, and J. Shane Creamer, Attorney General, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Manderino. Mr. Justice Nix concurs in the result.

Author: Manderino

[ 450 Pa. Page 424]

On May 1, 1965, one of the appellants, Beltzhoover Liederkrantz (Liederkrantz) was issued a club liquor license for the license year ending April 3, 1966, pursuant to the Liquor Code, Act of April 12, 1951, P. L. 90, as amended, art. I, ยง 101, 47 P.S. 1-101 et seq. As required by Section 465 of the Liquor Code, Liederkrantz filed with the Pennsylvania Liquor Control Board a bond in the amount of $2,000. The other appellant, American Casualty Company of Reading, Pennsylvania (American), was the surety on the bond. The condition of the bond was that the licensee, Beltzhoover

[ 450 Pa. Page 425]

Liederkrantz, would faithfully observe all laws of the Liquor Code and regulations of the Liquor Control Board. On February 24, 1966, the Liquor Control Board cited Liederkrantz for certain violations and requested him to show cause why his license should not be revoked and their bond forfeited.

On May 1, 1966, Liederkrantz's club license was renewed for the license year ending April 30, 1967. The license for the year ending April 30, 1967 was issued while the citation for violations under the prior license was still pending. As required by the Liquor Code, Liederkrantz filed a second bond in the amount of $2,000. American was also the surety on the second bond. Subsequently, on August 31, 1966, the Liquor Control Board issued a second citation to Liederkrantz, for violations occurring during the period of time covered by the second license.

A hearing concerning the violations occurring in both license years, 1965-1966 and 1966-1967, resulted in the Liquor Control Board revoking the two licenses and directing a forfeiture on both bonds in accordance with Section 465(e) of the Liquor Code which provides: "Every such bond may be forfeited when a license is revoked and shall be turned over to the Attorney General for collection if and when the licensee's license shall have been revoked and his bond forfeited as provided in this act."

The Commonwealth entered separate judgments on each bond. Each judgment was in the amount of $2,000. American then filed a petition to strike the $2,000 judgment entered on the second bond for the license year 1966-1967. On September 8, 1971, a Commonwealth motion was granted dismissing American's petition to strike the judgment.

American argues that a surety on a liquor bond is not liable cumulatively for each ...


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