PETITION OF KEYSER

No. 4120.

97 N.H. 404 (1952)

PETITION OF LEON KEYSER, INC.

Supreme Court of New Hampshire.

July 1, 1952.


Attorney(s) appearing for the Case

Sulloway, Piper, Jones, Hollis & Godfrey and Irving H. Soden (Mr. Soden orally), for Aetna Casualty & Surety Company.

Robert P. Booth, Receiver (by brief and orally), pro se.

Devine & Millimet (Mr. Millimet orally), for Joseph F. Carew, Inc.

J. Morton Rosenblum (by brief and orally), for Architectural Stone Co., Inc.

Charles B. McLaughlin (by brief and orally), for H. J. Touhy & Son and United Plate and Window Glass Company.

Winthrop Wadleigh for Duracrete Block Company, Inc.

John W. King for P. H. McGranahan Co., Inc.


DUNCAN, J.

The surety takes the position that the bonds which it executed with the insolvent corporation are statutory bonds, and that it is obligated to pay only those creditors who gave the notice required by the statute. R.L., c. 264, s. 27 (Laws 1943, c. 182). It contends that the statute should be read into the bonds, and that any undertakings which are broader than those required by the statute or conflict therewith, should be limited accordingly...

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