General Electric Co. v. Lexington Contracting Corp.

In this action commenced in the Superior Court under G. L. c. 149, § 29A, the General Electric Company (plaintiff) seeks to recover on a surety bond executed by the defendant, New Amsterdam Casualty Company (New Amsterdam). The defendant, Lexington Contracting Corporation (Lexington), the principal on the bond, failed to appear in the action and a default judgment was entered against it. The plaintiff excepted to the judge’s allowance of New Amsterdam’s motion for a directed verdict. The case is before us on • the plaintiff’s bill of exceptions.

The sole issue raised by the bill of exceptions…