Badolato v. Molinari

The question is whether the surety on a bail bond for a defendant in a criminal action who has not been promised indemnity can recover from the defendant the amount he has been obliged to pay on his bond because of defendant’s failure to appear. The bond in question was one to answer and was executed only by the surety. The defendant did not need to join in it. Code Crim. Pro. § 568.

The general rule is conceded, that a surety may hold his principal on an implied agreement to indemnify even where there is no express promise. But the claim is that this rule does not apply in the case of…