Germania Fire Insurance v. Lange
Massachusetts Supreme Judicial Court
Contract by an insurance company against one of the sureties upon a bond dated January 7,1893, given to the plaintiff by one William G. Lichtenfels and conditioned upon the faithful performance of his duties as agent of the plaintiff for the city of Worcester. Writ dated April 21, 1904. In the Superior Court the case was submitted to Stevens, J. upon an agreed statement of facts.
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Contract by an insurance company against one of the sureties upon a bond dated January 7,1893, given to the plaintiff by one William G. Lichtenfels and conditioned upon the faithful performance of his duties as agent of the plaintiff for the city of Worcester. Writ dated April 21, 1904. In the Superior Court the case was submitted to Stevens, J. upon an agreed statement of facts. He found and gave judgment for the defendant; and the plaintiff appealed, raising the questions stated in the opinion, where also the material facts sufficiently appear.
1Opinion of the CourtKnowlton, C. J.
The defendant signed a bond as surety for the faithful performance of his duties by one Lichtenfels, as an agent of the plaintiff company for Worcester. If the bond is applicable to the conditions arising after the change hereinafter stated, there has been a breach of its condition.
At the time of its execution Lichtenfels was employed by the plaintiff as its agent, at a fixed salary of $1,800 per year, the plaintiff paying the office expenses and brokers’ commissions, amounting in the aggregate to about $2,100 per annum. Nearly nine years after the bond was given a new arrangement was made…
2Cases cited3 opinions
- Warren v. LyonsMassachusetts Supreme Judicial Court · 1890
- Amicable Mutual Life Insurance v. SedgwickMassachusetts Supreme Judicial Court · 1872
- Rollstone National Bank v. CarletonMassachusetts Supreme Judicial Court · 1884
3Cited by5 opinions
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- Maglione v. PentaMassachusetts Supreme Judicial Court · 1929
- Museum of Fine Arts v. American Bonding Co. of BaltimoreMassachusetts Supreme Judicial Court · 1912
- University Bank and Trust Co. v. Elaine D. DuntonCourt of Appeals for the First Circuit · 1981
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1907