Probst v. Massachusetts Bonding & Insurance

This action is brought by the plaintiff to recover $1,200 which she had deposited with the defendant company to protect it against liability on a certain bond. On February 6, 1917, one Levi C. Annis began suit against Jerome Probst and Sarah E. Probst, his wife, and tied up by garnishment certain moneys due to Sarah E. Probst. To release the garnishment the defendant company was induced to give its bond, the condition of which was as follows :

“That if the said Jerome Probst and Sarah E. Probst shall pay any judgment obtained against the said Jerome Probst and Sarah E. Probst in such action…