Fisher v. American Fire & Casualty Co.

ORVIL L. DAYTON, Jr., Circuit Judge.

This cause comes on appeal from the civil and criminal court of record of Pinellas County. The facts are briefly that plaintiff, M. E. Flohra, consigned a trailer coach to one Tom N. Hooker to be sold by Hooker for $3,000 net to plaintiff Flohra. Hooker sold the trailer coach and absconded with the money. Plaintiff then filed this suit in the court below in the name of the state motor vehicle commissioner against the defendant, American Fire and Casualty Co., as surety on Hooker’s bond.

Plaintiff contends that the statute, which required Hooker to post a…