Marcus v. Rice

This is an action of contract against the sureties on a bond, dated September 15, 1925, given to dissolve an attachment. The plaintiff is the obligee and the defendants are the two sureties. The only excepting party is the defendant Abraham Werby, who will be referred to as the defendant.

At the hearing of the case by a judge without a jury, he found for the plaintiff in the penal sum of the bond and ordered execution in a stated sum. In referring to the defences set up in the answer the judge in his finding of facts stated that he was not satisfied that the plaintiff or her attorney made the…