Sands, Taylor & Wood Co. v. American Insurance

The plaintiff sought recovery against The American Insurance Company (American) on a bond given by American as surety and Richard D. Bowman as principal to vacate a judgment by default entered September 14, 1962, against Bowman in the District Court of Southern Essex. Bowman’s Bakery, Inc. was also a defendant in that action, but the default judgment of the same date against it was not vacated.

On a subsequent trial on the merits, Bowman prevailed. The plaintiff contends that because of the wording of the bond American is liable for the original default judgment against Bowman Bakery, Inc.

The…