Massachusetts Bonding & Insurance v. Gautieri

This is an action of covenant which was later amended on motion of the plaintiff to assumpsit. The declaration is in two counts. The first count is on the breach of a bond of indemnity, signed, sealed and delivered by the defendants to the plaintiff, and the second is on the common counts. The action was tried in the superior court to a jury but at the conclusion of the evidence the trial justice directed a verdict for the plaintiff on its motion. Defendants excepted to this ruling and the case is here on such exception and also on several other exceptions to the rulings of the trial justice…