Washington County Insurance v. Colton
Supreme Court of Connecticut
This was an action on a bond, brought by the plaintiffs, a corporation located in the state of New York, against Charles A. Colton, Edward Goodman, Chester Adams, L. R. Brown, and Oliver Parish. The bond was dated September 25th, 1849, and in the penal sum of $500. The said Colton was principal and the other defendants sureties. The condition of the bond was as follows.
Read the full summary
This was an action on a bond, brought by the plaintiffs, a corporation located in the state of New York, against Charles A. Colton, Edward Goodman, Chester Adams, L. R. Brown, and Oliver Parish. The bond was dated September 25th, 1849, and in the penal sum of $500. The said Colton was principal and the other defendants sureties. The condition of the bond was as follows. “ Whereas the above bounden Charles A. Colton has been appointed an agent of said company, if he shall faithfully account for and pay over to said company all money that shall be paid to him belonging to said company, and…
1Opinion of the CourtHinman, J.
Charles A. Colton, one of the defendants, was the plaintiffs’ agent, and the bond in suit was given to secure the faithful discharge of the duties of his agency. He received more money in the business of his agency, which he has not accounted for or paid over to his principals, than the full amount of the penalty in the bond; but it is claimed that in consequence of the illegal character of the agency he was not bound in law to pay it over, and consequently that his sureties in the bond are not responsible for his default; and this raises the principal question for our consideration. The…
2Cases cited1 opinion
- Carter v. CarterSupreme Court of Connecticut · 1809
3Cited by5 opinions
- State v. SmithSupreme Court of Connecticut · 1881
- Village of Chester v. LeonardSupreme Court of Connecticut · 1897
- Metropolitan Life Insurance v. BenderNew York Court of Appeals · 1891
- State v. American Surety Co. of New YorkNew Mexico Supreme Court · 1933
- Metropolitan Life Insurance v. McCoyNew York Court of Appeals · 1891