Pacific Surety Co. v. Toye

In September, 1910, the defendant, an attorney at law, induced the plaintiff to become surety on the bond of his client, one Hazel Mills, to prosecute an appeal from a judgment rendered against her in the Municipal Court of the City of Boston. The instrument containing the application and agreement to indemnify the said surety company was signed by the defendant, and a premium of $5 was paid upon the issuing of the appeal bond. The case was still pending in the Superior Court, and the bond was in full force, when this action was brought to recover four unpaid annual premiums.

The presiding…