Haczela v. Krupa
Massachusetts Supreme Judicial Court
Contract upon a bond of indemnity, described in the opinion. Writ dated October 16, 1913. The case was referred to Charles L. Baker, Esquire, as auditor, and afterwards was tried before McLaughlin, J. Material portions of the evidence are described in the opinion.
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Contract upon a bond of indemnity, described in the opinion. Writ dated October 16, 1913. The case was referred to Charles L. Baker, Esquire, as auditor, and afterwards was tried before McLaughlin, J. Material portions of the evidence are described in the opinion. At the close of the charge, the defendants excepted to so much of the charge as allowed the jury to take into consideration the expense and costs which the plaintiff reasonably and properly incurred and paid in resisting the legal proceedings in the equity suit in which the bond was given, after the injunction was issued, as an…
1Opinion of the CourtRugg, C. J.
The defendant Krupa gave to the plaintiff a chattel mortgage. Then Krupa brought a suit in equity to restrain the plaintiff from foreclosing the mortgage, on the ground that it was invalid. Upon a hearing for the issuing of an injunction in that suit, it was ordered that an injunction might issue, provided a bond should be given to the plaintiff. The bond was given and the injunction issued. The condition of the bond was that Krupa should indemnify the plaintiff “from any loss or damage to his security under said mortgage if the same be declared valid under said bill” in equity, “to which he…
2Cases cited3 opinions
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