Canton Institution for Savings v. Murphy
Massachusetts Supreme Judicial Court
Action of contract upon an indemnity bond given to a savings bank by Daniel W. Murphy, as principal, and Newell S. Atwood and Berthier R. Ballou, as sureties. The defendant Murphy was defaulted.
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Action of contract upon an indemnity bond given to a savings bank by Daniel W. Murphy, as principal, and Newell S. Atwood and Berthier R. Ballou, as sureties. The defendant Murphy was defaulted. The bond recited that Ellen Murphy at the time of her decease had deposited in the plaintiff institution for satdngs a certain sum of money; that Daniel W. Murphy, her executor, was unable to find the deposit-book, and was desirous of drawing the deposit; and provided that Murphy should indemnify the plaintiff corporation “ from and against any and all claims of any other person or persons ” to the…
1Opinion of the CourtMorton, J.
The bond related to a deposit supposed to belong to the estate of Ellen Murphy, of whose will the principal on the bond, Daniel W. Murphy, was executor. The bank-book containing the deposit was believed to have been lost. The parties to the bond all proceeded on the ground that the deposit belonged to Ellen Murphy. The object of the bond was not to protect the bank against the payment of the money, if it should turn out that it never belonged to Ellen Murphy, for no question of that kind was raised, but to save the bank harmless in case it should appear that for any reason Murphy was not…
2Cases cited2 opinions
- Spurr v. BenedictMassachusetts Supreme Judicial Court · 1868
- Conant v. NewtonMassachusetts Supreme Judicial Court · 1879
3Cited by2 opinions
- Hartford Accident & Indemnity Co. v. CasassaMassachusetts Supreme Judicial Court · 1938
- Blaney v. RogersMassachusetts Supreme Judicial Court · 1899