Benenson v. National Surety Co.

The complaint in its third cause of action alleges the breach of the condition of a bond “ purporting ” to be executed by the defendant National Surety Company, and having “ the semblance and appearance ” of being a properly executed and duly authenticated instrument of the defendant. The plaintiff after examination accepted the bond, relying upon its “ appearance of authenticity.” The plaintiff now seeks to hold the defendant for his consequent damage, upon an allegation that it was the result of the carelessness and negligence of the defendant in permitting “ fully executed forms and…