A. W. Therrien Co. v. Maryland Casualty Co.

The plaintiffs concede that the statement which was filed with the Secretary of State on November 15, 1948, should have been filed on or before November 2, 1948, to comply with the statute. This provision of the statute for notice was a condition precedent to any obligation of the insurer. Poirier v. Company, 84 N. H. 461. Moreover, there is no allegation in the petition that the plaintiffs were misled to their disadvantage, prejudice or injury or that the defendant surety company is estopped for any other alleged reason from claiming that the plaintiffs are barred by their failure to comply…