Roth v. Massachusetts Bonding & Insurance

Wisconsin Supreme Court

Roth v. Massachusetts Bonding & Insurance

149 N.W. 143, 158 Wis. 469, 1914 Wisc. LEXIS 328

DecidedOctober 27, 1914

StatusPublished

This text of 149 N.W. 143 (Roth v. Massachusetts Bonding & Insurance) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roth v. Massachusetts Bonding & Insurance, 149 N.W. 143, 158 Wis. 469, 1914 Wisc. LEXIS 328 (Wis. 1914).

Pincite

Opinion

Wihslow, 0. J.

This judgment must be affirmed. The defendant bound itself to make good to Leo Roth all losses sustained by him by reason of the fraud or dishonesty of Hasselbalch in the discharge of his duties as employee of said Loo Roth. Its promise covered only the period of his employment by Leo Roth. That employment necessarily ceased upon the death of Roth. If the executors afterwards continued the business and employed him therein, that was a new and different employment. The surety might be entirely willing to guarantee the honesty of the employee while [471]*471tbe business was managed by Rotb himself, but not willing to do so while it was managed by the executors. Death of the obligee in a surety bond is generally held to terminate the obligation of a surety, except as to past acts, unless a different intention appears from the instrument itself. Barker v. Parker, 1 Term Rep. 287; 32 Cyc. 84.

By the Court.- — Judgment affirmed.

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Wihslow, 0. J.

This judgment must be affirmed. The defendant bound itself to make good to Leo Roth all losses sustained by him by reason of the fraud or dishonesty of Hasselbalch in the discharge of his duties as employee of said Loo Roth. Its promise covered only the period of his employment by Leo Roth. That employment necessarily ceased upon the death of Roth. If the executors afterwards continued the business and employed him therein, that was a new and different employment. The surety might be entirely willing to guarantee the honesty of the employee while [471]*471tbe business was managed by Rotb himself, but not willing to do so while it was managed by the executors. Death of the obligee in a surety bond is generally held to terminate the obligation of a surety, except as to past acts, unless a different intention appears from the instrument itself. Barker v. Parker, 1 Term Rep. 287; 32 Cyc. 84.

By the Court.- — Judgment affirmed.

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Bluebook (online)

149 N.W. 143, 158 Wis. 469, 1914 Wisc. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roth-v-massachusetts-bonding-insurance-wis-1914.