Phoenix Insurance Company v. Lester Brothers, Inc.

Lester Brothers, Incorporated, hereinafter referred to as Lester, filed a motion for judgment against The Phoenix Insurance Company, hereinafter referred to as Phoenix, seeking to recover the sum of $4,025.00 which was alleged to be due according to the provisions of a bond executed by Phoenix, under which Lester was a third party beneficiary.

Phoenix filed grounds of defense and also a demurrer. All questions of law and fact were submitted to the trial judge, who overruled the demurrer and held that Lester was entitled to recover the sum of $3,939.00. From a final order awarding judgment in…