O'Connell v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed February 25,1902, by tbe principal and sureties on a bond of indemnity given by tbe -first named plaintiff to tbe New York, New Haven, and Hartford Railroad Company, against that railroad company and the Union Casualty and Surety Company, to restrain the defendant railroad company from the further prosecution of an action against the plaintiffs on the bond of indemnity and also of an action of tort against the first named plaintiff, and to compel the…
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Bill in equity, filed February 25,1902, by tbe principal and sureties on a bond of indemnity given by tbe -first named plaintiff to tbe New York, New Haven, and Hartford Railroad Company, against that railroad company and the Union Casualty and Surety Company, to restrain the defendant railroad company from the further prosecution of an action against the plaintiffs on the bond of indemnity and also of an action of tort against the first named plaintiff, and to compel the defendant insurance company to pay to the defendant railroad company all sums which the defendant railroad company…
1Opinion of the CourtLoring, J.
[After the foregoing statement of the case.] We are of opinion that the decree in favor of the plaintiffs must be reversed.
*278The judge has found that neither of the two promises counted on in the bill now before us was in fact made, and the plaintiffs have not undertaken to overturn that finding of fact.
What the plaintiffs have contended for here is that the final decree can be justified on the ground that under the findings made below the surety company is estopped to set up the defence set up by it. But the policy issued by the surety company to O’Connell is in the same form as that under…
2Cited by18 opinions
- Kuntz v. SpenceTexas Commission of Appeals · 1934
- Combs v. HuntCourt of Appeals of Virginia · 1924
- Fidelity & Casualty Co. v. MartinCourt of Appeals of Kentucky · 1915
- Ford v. Aetna Life Insurance Co. of HartfordWashington Supreme Court · 1912
- Stenbom v. Brown-Corliss Engine Co.Wisconsin Supreme Court · 1909
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