Glidden v. United States Fidelity & Guaranty Co.
Massachusetts Supreme Judicial Court
Contract against a corporation, organized under the laws of the State of Maryland, as surety upon a bond in the sum of $1,000, dated November 7, 1900, given by one Sutherland, a clerk in the employ of the plaintiff, to insure the honesty of Sutherland. Writ dated February 6, 1901. On suggestion of the death of the plaintiff the surviving executor of his will was admitted to prosecute the action. The case was referred to Wade Keyes, Esquire, as auditor.
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Contract against a corporation, organized under the laws of the State of Maryland, as surety upon a bond in the sum of $1,000, dated November 7, 1900, given by one Sutherland, a clerk in the employ of the plaintiff, to insure the honesty of Sutherland. Writ dated February 6, 1901. On suggestion of the death of the plaintiff the surviving executor of his will was admitted to prosecute the action. The case was referred to Wade Keyes, Esquire, as auditor. He reported in favor of the defendant, upon the ground that the original plaintiff in his application to the defendant for the bond had made…
1Opinion of the CourtSheldon, J.
The defendant by the bond sued upon undertook to make good to the plaintiff such pecuniary loss as he might sustain from any dishonesty of one Sutherland, who then had been for more than a year employed by the plaintiff as a clerk. There has been a breach in the condition of the bond; and the question now presented is whether it can be enforced against the defendant. The defendant issued the bond upon the faith of a written statement signed by the plaintiff, and containing certain statements material to the defendant’s undertaking. The auditor has found that these statements were false, and…
2Cases cited11 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Rainger v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1896
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Slotofski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Metropolitan Life Insurance v. BurnoMassachusetts Supreme Judicial Court · 1941
- Shurdut v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1947
- McSweeney v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1917
- Smith v. Federal Surety Co.South Dakota Supreme Court · 1932
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