National Surety Co. v. Nazzaro
Massachusetts Supreme Judicial Court
Two actions of contract, the first action being by a surety company upon a contract in writing to indemnify it for loss sustained under a bail bond, and the second action being by the indemnitor upon the same contract to recover a sum of money given by him to the surety company as security therefor.
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Two actions of contract, the first action being by a surety company upon a contract in writing to indemnify it for loss sustained under a bail bond, and the second action being by the indemnitor upon the same contract to recover a sum of money given by him to the surety company as security therefor. Writs, dated respectively February 14 and February 20, 1917. The actions formerly were before this court and the facts are reported in 233 Mass. 74. They were heard a second time in the Superior Court by Hall, J., without a jury. By agreement of both parties the stenographic notes of the evidence…
1Opinion of the CourtCarroll, J.
In National Surety Co. v. Nazzaro, 233 Mass. 74, where the facts are reported, it was decided that it could not be ruled as matter of law that by providing a recognizance for the release of McKenna the surety company had complied with its obligation to execute a bail bond for his release, thereby entitling it to recover on the contract of indemnity. It was further decided that it was a question of fact whether Blume was the agent of Nazzaro and authorized to bind him by substituting a recognizance for the bail bond and another surety for the surety company.
At the second trial the cases were…
2Cases cited7 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Electric Welding Co. v. PrinceMassachusetts Supreme Judicial Court · 1909
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3Cited by4 opinions
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