J. Frank & Co. v. New Amsterdam Casualty Co.

Defendant appeals from the judgment and from an order denying its motion for a new trial.

The facts are simple. Cousins, an employee of plaintiff, was injured and brought suit for a large sum of money in damages. Defendant, a surety company, which had issued a policy in favor of plaintiff, took charge through its counsel of the defense in that action. Cousins obtained a judgment for two thousand five hundred dollars against J. Frank & Company, and the attorney for the New Amsterdam Casualty Company, although promising that an appeal would be taken, allowed the judgment to become final. The…