Barry v. Columbia Casualty Co.

Plaintiff in error brought a common law action against defendants, in error in the Circuit Court of Orange County. A demurrer to the declaration was sus tained, final judgment was entered, and writ of error taken to that judgment.

The defendants in error were principal and surety on an indemnity bond, being the same bond and contract as .that involved in Johnson Electric Company Inc. vs. Columbia Casualty Company et al. decided this date. Except .as given in this opinion the facts in this case are identical to those in the case last mentioned. The sole question of whether or not there was a…