Hicks v. Aetna Insurance

This case comes to this court following the dismissal of plaintiffs’ complaint against defendant, Aetna Insurance Company.. It presents the question of when a third person may maintain an action against an alleged surety on an alleged official bond. We hold that the plaintiffs have not shown that they are entitled to sue Aetna for the acts enumerated in their complaint, and that the trial court properly dismissed the complaint against Aetna.

The plaintiffs, who are grain producers in Illinois, filed a complaint in the Circuit Court of Jackson County in 1979 against various employees of the…