Ætna Insurance v. Thompson

This case was brought by the plaintiff in the court below to recover from defendants money paid to them upon a fire insurance policy, which payment it was alleged was induced by fraudulent representations made by defendant Thompson. After a trial on the merits, judgment was rendered against the plaintiff, and John Davis and F. K. Struve, sureties on a cost bond filed by the plaintiff, for the -costs of the action to be taxed. Judgment was obtained by defendants, which judgment was appealed from, and the respondents move to dismiss this appeal, for the reasons that the sureties on the cost…