Gunsul v. American Surety Co.

Mr. Justice; Farme;r

delivered the opinion of the court:

This case comes to this court on petition for writ of certiorari to review a judgment of the Appellate Court for the Second District affirming a decree of the circuit court of Kane county against petitioner, the American Surety Company of New York.

Frank W. Cherry was on July 10, 1916, by the circuit court of Kane county appointed receiver of the Chicago, Aurora and DeKalb Railroad Company and gave bond as such receiver in the sum of $25,000, with the American Surety Company of New York as security. Cherry continued to act in the capacity…