Werlin v. Equitable Surety Co.
Massachusetts Supreme Judicial Court
Contract on a bond under seal dated October 9, 1913, of which the first three paragraphs are printed below. Writ dated March 21, 1914. The first three paragraphs of the bond sued upon were as follows: “Know all men by these presents, That we Omaha Machine Works, a corporation of Nebraska, and L. C. Sharp, of Omaha, Nebraska, (hereinafter called the 'Principal’) as Principal, and the Equitable Surety Company, a corporation under the laws of the State of Missouri, having its…
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Contract on a bond under seal dated October 9, 1913, of which the first three paragraphs are printed below. Writ dated March 21, 1914. The first three paragraphs of the bond sued upon were as follows: “Know all men by these presents, That we Omaha Machine Works, a corporation of Nebraska, and L. C. Sharp, of Omaha, Nebraska, (hereinafter called the 'Principal’) as Principal, and the Equitable Surety Company, a corporation under the laws of the State of Missouri, having its principal office in the City of St. Louis, Missouri, (hereinafter called the 'Surety’) as Surety, are held and firmly…
1Opinion of the CourtDe Courcy, J.
By the express language of the bond in suit the Equitable Surety Company became bound “unto New Boston Biscuit Company, a corporation of Malden, Massachusetts, *160(hereinafter called the 'Obligee’), in the sum of Two thousand (2000) dollars.” And one of the express conditions precedent to the right of recovery was “Fourth: That no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee herein named.” In the application for the bond, the requirement “Give exact title of firm, organization or individual to whom bond is given” was…
2Cases cited15 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- National Fertilizer Co. v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1907
- Crompton v. WilliamsMassachusetts Supreme Judicial Court · 1913
- William Gilligan Co. v. CaseyMassachusetts Supreme Judicial Court · 1910
- Stevenson v. DonnellyMassachusetts Supreme Judicial Court · 1915
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3Cited by8 opinions
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Lunn & Sweet Co. v. WolfmanMassachusetts Supreme Judicial Court · 1926
- Farnum v. Bankers & Shippers Insurance Co. of New YorkMassachusetts Supreme Judicial Court · 1933
- American Mutual Liability Insurance v. CondonMassachusetts Supreme Judicial Court · 1932
- Patch v. RobbinsMassachusetts Supreme Judicial Court · 1928
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