H. W. Moore Equipment Co. v. American Surety Co.

H. W. Moore Equipment Company brought this action against the American Surety Company of New York to recover a judgment in the sum of $6,192.57 plus interest and costs allegedly due plaintiff under a surety bond issued by defendant to Harris Constructors, Inc. Trial was had to the court which entered a judgment of dismissal. Plaintiffs are here by writ of error seeking a reversal of the judgment.

The parties will be referred to as plaintiff and defendant as those positions were held by them in the trial court.

In the complaint it is alleged that defendant executed its surety bond “wherein said…