Village of Clarendon Hills v. Century Indemnity Co.

Plaintiff filed its second amended complaint in chancery against defendant to reform a bond executed by defendant to John Jasper Butler, collector of the Village, conditioned that he faithfully perform the duties of the office; that through mistake the bond as executed was a fidelity bond and not an official bond; that Butler was short in his accounts $1,545.88, and the prayer was that the bond be reformed and enforced. Defendant’s motion to strike was sustained, the suit dismissed and plaintiff appeals.

The substance of the allegations of the second amended complaint is that John Jasper…