Museum of Fine Arts v. American Bonding Co. of Baltimore
Massachusetts Supreme Judicial Court
Three actions of contract upon a bond given by one Ambrose B. Stannard and five surety companies, three of whom were, respectively, the defendants, conditioned upon the faithful performance by Stannard of a contract for the construction of the Museum of Fine Arts on Huntington Avenue in Boston. Writs dated March 21, 1910. The cases were referred to Charles E. Shattuck, Esquire, as auditor.
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Three actions of contract upon a bond given by one Ambrose B. Stannard and five surety companies, three of whom were, respectively, the defendants, conditioned upon the faithful performance by Stannard of a contract for the construction of the Museum of Fine Arts on Huntington Avenue in Boston. Writs dated March 21, 1910. The cases were referred to Charles E. Shattuck, Esquire, as auditor. After the filing of the auditor’s report they were heard together by Lawton, J., without a jury. The material facts are stated in the opinion. At the close of the evidence the defendants in the respective…
1Opinion of the CourtSheldon, J.
The defendants contend that their liability has been wholly discharged by reason of the plaintiff’s dealing with Stannard. The general principles of law applicable to such a contention are well settled. If the agreement between the plaintiff and Stannard, for the due performance of which by Stannard the defendants severally bound themselves as sureties, was materially changed by the action of the plaintiff and Stannard without the knowledge and consent of the defendants, they would be dis*128charged from any further liability. Warren v. Lyons, 152 Mass. 310, 312. Germania Fire Ins. Co. v. Lange,…
2Cases cited9 opinions
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- Warren v. LyonsMassachusetts Supreme Judicial Court · 1890
- Wooley v. CobbMassachusetts Supreme Judicial Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Honolulu Roofing Co. v. FelixHawaii Supreme Court · 1967
- American Surety Co. of N.Y. v. NoeCourt of Appeals of Kentucky (pre-1976) · 1932
- Hamilton v. Republic Casualty Co.West Virginia Supreme Court · 1926
- University Bank and Trust Co. v. Elaine D. DuntonCourt of Appeals for the First Circuit · 1981
- Veneto v. McCloskey & Co.Massachusetts Supreme Judicial Court · 1955
8 more not listed; retrieve them via the Exa API.