People v. Standard Accident Insurance

Valente, J. (dissenting in part).

I agree with the holding of the court that Blaine & Heyward Bar and Restaurant, Inc.— the principal on the bond—is entitled to summary judgment dismissing the complaint. But I cannot join in the anomalous conclusion that the surety on the bond may be held liable although the principal is discharged.

Clearly there was no compliance with the condition in the bond requiring that any action for the penal sum of the bond be commenced within 16 months after the expiration of the license period. The license expired February 28, 1959 and the action was commenced on…