Vitrified Wheel & Emery Co. v. Edwards

This is an action of contract upon a bond given to the plaintiff corporation, by the defendant Elijah Edwards as principal, and the other defendants as sureties, the condition being that the said Elijah should faithfully discharge his duties as treasurer of said corporation.

Neither party gave notice under the statute that he desired a trial by jury, and the case was tried by the presiding justice of the Superior Court, who found that there had been a nominal breach of the bond, but no damages to the plaintiff, and thereupon ordered judgment for the penal sum of the bond. The plaintiff then,…