Lawless v. Tuthill

Opinion by

LYONS, C.

Plaintiff sued defendants to recover the sum of $1,000, with interest thereon from the 9th day of June, 1910, at the rate of four per cent, per annum, together with costs.

The basis of plaintiff’s claim was a cashier’s check made payable to the plaintiff and left as security with the defendants as an- indemnity against any liability which might be enforced against the -sureties on a certain undertaking in attachment. The defendant Tuthill was one of the sureties

It is conceded in the case that the sureties on such undertaking were exonerated without having been ™*w>n to make…