Johnson v. Provincial Insurance
Michigan Supreme Court
Error to Wayne Circuit. On July 22, 1858, the defendants in error filed then-declaration in said Court, against Roderick M. Chittendon, Hiram R. Johnson and Hiram R. Andrews, upon a bond given by them, conditioned that said Chittendon should, from time to time, account for and pay or cause to be paid to said insurance company, all such moneys as should be by him received for said company, and well and faithfully execute and perform his duties as agent of said company.
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Error to Wayne Circuit. On July 22, 1858, the defendants in error filed then-declaration in said Court, against Roderick M. Chittendon, Hiram R. Johnson and Hiram R. Andrews, upon a bond given by them, conditioned that said Chittendon should, from time to time, account for and pay or cause to be paid to said insurance company, all such moneys as should be by him received for said company, and well and faithfully execute and perform his duties as agent of said company. Breach, that said Chittendon failed to account for and pay over the sum of $555.36 by him received for the company. September…
1Opinion of the Court
Campbell J.:
The judgment below was rendered on a scire facias to recover upon further breaches of a bond which had passed into judgment against Roderick M. Chittendon, as *223principal, and Hiram R. Johnson and Hiram R. Andrews, as sureties. The bond was given for the purpose of securing the insurance company, against the misconduct of their agent. Judgment was given on demurrer.
It was alleged as error, that the breach set forth in the scire facias is the same or a part of the same set forth in the original declaration. The scire’facias avers that the money now claimed was received by Chittendon…
2Cited by9 opinions
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- Jennison v. HaireMichigan Supreme Court · 1874
- Wilson v. Colorado Mining Co.Court of Appeals for the Eighth Circuit · 1915
- Forbes v. DarlingMichigan Supreme Court · 1893
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