Fidelity & Casualty Co. v. Zappolo

The plaintiff, surety under a bond written pursuant to section 83 of the Alcoholic Beverage Control Law which went into effect April 12, 1933 (Laws of 1933, chap. 180), seeks to recover from the defendant, who is the principal under the bond, the penal sum therein stipulated. Such sum was heretofore paid in full by the plaintiff to the Alcoholic Beverage Control Board.

The bond was conditioned upon non-violation by the principal of the provisions of the Alcoholic Beverage Control Law or the rules of the Alcoholic Beverage Control Board, made pursuant to the law.

The defendant, in his…