Chartier v. Empire Mutual Insurance

BODY, District Judge.

This matter comes before the Court on motion of plaintiff-trustees for summary judgment under Rule 56, Federal Rules of Civil Procedure.

In the complaint it is alleged that defendant, Empire Mutual Insurance Company, on June 22, 1962 executed and delivered to plaintiffs a written obligation under seal in which defendant agreed to pay, as surety, thirty thousand dollars ($30,000.00) plus' interest at six percent (6%) per annum from the date of default on the primary obligation.

It is further alleged that default occurred on February 22,1963 and has continued to the present.…