JUDGE OF PROBATE v. PEERLESS INS. CO.

No. 4920.

103 N.H. 322 (1961)

JUDGE OF PROBATE v. PEERLESS INSURANCE COMPANY.

Supreme Court of New Hampshire.

Decided May 31, 1961.


Attorney(s) appearing for the Case

James M. Riley, Jr. and Edward F. Smith for the State of New Hampshire, Department of Employment Security.

Wiggin, Nourie, Sundeen, Nassikas & Pingree for defendant, furnished no brief.


KENISON, C. J.

Suits upon probate bonds can be maintained only by reason of and in accordance with statutory provisions. Judge of Probate v. Company, 94 N.H. 177, 179. RSA ch. 565 which prescribes the procedure for such suits provides in pertinent part as follows: "9 FORFEITURE. When it shall appear, upon confession, verdict, demurrer or in any other way, that the penalty of the bond is forfeited judgment shall be rendered against the defendant for such...

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