Melancon v. Mizell

The bond in suit is unquestionably a statutory bond. Therefore, as correctly held by the Court of Appeal (see 37 So.2d 52), the statute must be read into the bond; superadded stipulations must be disregarded and necessary conditions must be supplied. Davis v. West Louisiana Bank, 155 La. 245, 99 So. 207 and Murphy Iron Works v. United States Fidelity & Guaranty Co., 169 La. 163, 124 So. 768.

Section 6 of Act 124 of 1942 declares " * * * the condition of said bond shall be that the principal therein named shall honestly conduct said business; * * * ”. This language is perfectly explicit. Hence,…