Mahoney v. Founders' Insurance

This is an action by plaintiff, as obligee of a bond, to recover damages from defendant, as surety on the bond, since the principal obligor, Roark, had failed to perform.

Defendant, Founders’ Insurance Company, filed a cross-complaint against plaintiff Mahoney, Roark, and others for damages on the ground of asserted fraud via concealment of certain facts on the part of cross-defendants. After all the evidence had been presented on the question of “concealment” and the court had determined that issue, Founders dismissed the cross-complaint as to all cross-defendants except Roark. Plaintiff…