Fidelity & Deposit Co. v. Sanford & Brooks Co.

Bond, 0. J.,

delivered the opinion of the Court!

The Sandford & Brooks Company, owner of a marine dredge, sued the surety on a bond given to secure performance of a hirer’s contract, for loss from damage to the dredge while hired, and failure to return it. During the period of the hiring, the dredge was, because of bad condition of the hull and leaking, towed by the hirer into shallow water, grounded, and abandoned. And the contentions in the suit raise a question of responsibility of the hirer for the leaking, and, quite apart from that, another question of its responsi bility for the ultimate…