Maloney v. Massachusetts Bonding & Insurance

Plaintiff Bernard F. Maloney, previously an incompetent person, brought this action against defen dant Massachusetts Bonding and Insurance Company to recover the sum of $4,500, the full extent of its liability upon two surety bonds filed by plaintiff’s former guardian, whose default in accounting had been determined by the probate court to be in excess of that amount. In the contest in the trial court defendant prevailed upon the ground that the action was barred by the three-year statute of limitations fixed by the provisions of section 1487 of the Probate Code, which reads as follows:

“No…