Shaw v. New Amsterdam Casualty Co.

Opinion by

Mr. Justice Kephart,

Appellant gave its bond to secure the .payment of rent. It contained the following condition: “That upon the obligee’s becoming aware of any default in any of the covenants and conditions of the lease, either in the payments or the performance by the said Halle......the said obligee shall give immediate notice thereof in writing to the surety......and if said notice is not given within thirty days after the discovery of such breach ......then this bond shall be void.” The difference between the parties is over the word “default” in the bond. Appellant urges that…