York County M. F. Ins. v. Brooks
Supreme Judicial Court of Maine
Reported from Nisi Prius, Appleton, C. J., presiding. This was an action of debt on a bond to secure to the plaintiffs the faithful performance, on the part of A. O. Brooks, of his trust as agent of the plaintiffs, in collecting outstanding assessments. The bond sued on is signed by W. O. Brooks, John W. Perkins, and John Perkins, jr. Brooks did not appear to answer to the action.
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Reported from Nisi Prius, Appleton, C. J., presiding. This was an action of debt on a bond to secure to the plaintiffs the faithful performance, on the part of A. O. Brooks, of his trust as agent of the plaintiffs, in collecting outstanding assessments. The bond sued on is signed by W. O. Brooks, John W. Perkins, and John Perkins, jr. Brooks did not appear to answer to the action. It was admitted that John W. Perkins signed the bond on the promise of Brooks to procure the signature of Robert Gr. Perkins ; and there was evidence that the name of said Robert was at one time upon the bond, but…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, C. J.
-The defendant, A. O. Brooks, having ■ been employed by the plaintiffs as their agent to collect their *507outstanding assessments, gave them the bond in suit as security for the faithful performance of his trust. The plaintiffs received it, ignorant of any agreement between him and the other defendants, or of any relations between them other than those arising from their respective signatures. Brooks having failed to pay over the moneys collected, the plaintiffs seek to enforce the bond in suit for the purpose of obtaining indemnity for the…
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