Cusack v. McGrain

It is the position of the defendant casualty company that the bond by its plain terms is for the sole protection of the state of Ohio, as employer, and no one else can successfully assert a claim under it.

■Conversely, the plaintiff contends that the bond must be given the effect of the faithful performance bond of a public officer, and that he has a statutory right to maintain this action.

A bond is a contract and, in the absence of some controlling statute, is to be construed according to the fair import of the language used. Under such rule, the present bond on its face undertakes to pay to…