Mersfelder v. Roberts

OPINION OP THE COURT

WATSON, J.

Appellee, as surety, executed to appellant, as obligee, an employee’s bond. A loss having occurred, appellant sued appellee upon the bond.

A defense interposed was that appellant had signed the bond upon a representation by his principal that another responsible surety would be obtained, and had placed the bond, after signing, in the hands of his principal to obtain the signature of such responsible surety, and to be delivered to the obligee (appellant) only after such additional surety had signed, and that the bond was so incomplete upon its face as to constitute…