Lumpkin v. American Surety Company

(After stating the foregoing facts.) It is insisted by the defendant that the judge erred in overruling the general demurrer because it appeared from the petition that there was no contractual relation whatever between the parties to the suit, but that the plaintiff had issued to the bank an instrument which, as the defendant contends, was a policy of insurance and not a bond; that the defendant had nothing to do therewith; that the defendant made no bond to the bank, and that the plaintiff was not a surety, and any right it might have was because of a purported assignment to the plaintiff of…