Pohl v. Johnson

Taylor, C.

Verdict for plaintiffs. Defendant surety company moved for judgment non obstante or for a new trial. The motion for judgment was granted. Plaintiffs appealed. The controversy is solely between plaintiffs and the surety company, and that company will be intended by the term defendant when used hereinafter.

O. A. Johnson, doing business as O. A. Johnson Elevator Company, operated a public grain warehouse in the state of South Dakota under a license from that state. Defendant was the surety on his bond as such warehouseman. The condition of the bond was to the effect that Johnson would…