American Surety Co. v. Pacific Surety Co.
Supreme Court of Connecticut
Action oil an indemnity bond, brought to the Superior Court in New Haven County and tried to the jury before . George W. Wheeler, J.; verdict and judgment for the plaintiff for $9,562.50 damages, and appeal by the defendant.
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Action oil an indemnity bond, brought to the Superior Court in New Haven County and tried to the jury before . George W. Wheeler, J.; verdict and judgment for the plaintiff for $9,562.50 damages, and appeal by the defendant. The plaintiff was surety upon a bond given by the National Steam Economizer Company, as principal, to the city of New Haven, to secure the faithful performance by said principal of its contract with said city for the installation of certain heating and ventilating apparatus in a city building. The facts relating to the giving of this bond, and those which led up to a suit…
1Opinion of the CourtPrentice, J.
The defendant offered evidence to prove that the plaintiff, in order to induce the defendant to give the bond in suit, made to the defendant certain false and fraudulent representations material to the risk assumed by the terms of the bond, which were relied upon by the defendant. The defense of fraud thus attempted to be established was within the allegations of the special defense, and the evidence offered in support of it was received and submitted to the jury with instructions which are not complained of. What is complained of, is the instruction of the court, in substance, that while the…
2Cases cited3 opinions
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Carter v. CarterSupreme Court of Connecticut · 1809
- Lewis v. DwightSupreme Court of Connecticut · 1834
3Cited by10 opinions
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Leaphart v. National Surety Co.Supreme Court of South Carolina · 1932
- Delucia v. ValenteSupreme Court of Connecticut · 1910
- Gilpatric v. National Surety Co.Supreme Court of Connecticut · 1920
- Collins v. Tarrant CountyCourt of Appeals of Texas · 1922
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