Blaney v. Rogers
Massachusetts Supreme Judicial Court
Contract, upon a bond executed by the first named defendant as principal and by the other as surety. Trial in the Superior Court, without a jury, before Sheldon, J., who ruled that the action could not be maintained; found for the defendant surety; and, with the consent of the parties, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
This is an action to recover damages for the breach of a bond conditioned amongst other things that certain buildings “ shall be finished in a good and workmanlike manner.” The writ was brought against one James P. Rogers, the principal on the bond, and the City Trust Safe Deposit and Surety Company, as surety. There was no service on Rogers, and the action has been discontinued as to him, and is defended by the surety company alone. The case was heard by the court without a jury. The presiding justice ruled that the action could not be maintained and found for the defendant. The case comes…
2Cases cited5 opinions
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Spurr v. BenedictMassachusetts Supreme Judicial Court · 1868
- Conant v. NewtonMassachusetts Supreme Judicial Court · 1879
- Griggs v. MoorsMassachusetts Supreme Judicial Court · 1897
- Canton Institution for Savings v. MurphyMassachusetts Supreme Judicial Court · 1892
3Cited by9 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- England Bros. v. MillerMassachusetts Supreme Judicial Court · 1931
- Taborsak v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1935
- Werlin v. Equitable Surety Co.Massachusetts Supreme Judicial Court · 1917
- County of Moniteau ex rel. Bechtle v. LewisMissouri Court of Appeals · 1907
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