Wilcock v. Massachusetts Bonding & Insurance
Massachusetts Supreme Judicial Court
Contract upon a bond insuring the fidelity of an employee of the plaintiff. Writ dated November 13, 1909. In the Superior Court Quinn, J., upon an opening statement and offer of proof by the plaintiff, the material portions of which are described in the opinion, ordered a verdict for the defendant and reported the case for determination by this court.
1Opinion of the CourtPierce, J.
This action was brought on a bond, insuring the fidelity of one James Y. Thompson as custodian of a quantity of goods at Millbury, Massachusetts, for the plaintiff.
The answer of the defendant alleges, “that the bond described in the plaintiff’s declaration was never signed by the principal, James Y. Thompson, and therefore the bond is now void.”
*483The plaintiff, in anticipation of such a defence, set up in his declaration “that he has kept and performed all the conditions by him to be performed except and in so far as the same have been waived by said defendant expressly or by implication.”
As…
2Cases cited2 opinions
- Metropolitan Coal Co. v. Boutell Transportation & Towing Co.Massachusetts Supreme Judicial Court · 1904
- General Railway Signal Co. v. Title Guaranty & Surety Co.New York Court of Appeals · 1911
3Cited by3 opinions
- Larner v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1921
- Davoren v. NolanMassachusetts Supreme Judicial Court · 1923
- Bartlett v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1926