Cary v. National Surety Co.

1 Reported in 251 N.W. 123. Appeal from an order overruling a demurrer to the complaint. The demurrer was on the ground that the facts stated in the complaint did not constitute a cause of action in favor of plaintiff and against the defendant. The trial court certified that the question presented was, in its opinion, important and doubtful. For the purposes of this case the factual allegations in the complaint are to be considered as true; a rather full statement thereof is necessary.

Appellant issued its bond to the First National Bank of Rush City, Minnesota, agreeing to make good any loss…