Cushman v. National Surety Corp. of New York

KRUCKER, Chief Judge.

This is an appeal from a judgment against the appellants, plaintiffs below, in an action in which they sought to recover for the loss in value of collateral furnished to the appellee surety company, and for additional damages for the alleged wrongful withholding of such collateral from the appellants. The facts in the case were stipulated to between the parties and the issue tried to the court sitting without a jury.

Prior to December 27, 1954, a shareholders’ class or representative action was commenced in the Superior Court of Maricopa County by one “Henry Goodman, and…