Western Casualty & Surety Co. v. First State Bank of Bonne Terre

DOERNER, Commissioner.

Plaintiff, the surety on a guardian’s bond on which it had sustained a loss of $1118.-53, sought in Count I of its petition to recoup from the defendant bank, and in Count II from Edward Gibson, the principal. The court rendered a judgment against plaintiff and in favor of the bank on the first count, and in favor of plaintiff and against Gibson by default on the second. Plaintiff alone has appealed.

Since this is an appeal in an equity case and the appellant has brought up the entire record we must try the matter de novo. In so doing we take into consideration only such…