Kinnett v. Ryder Truck Lines, Inc.

Felton, Chief Judge.

1. The fact that the statutory bonds filed in these cases did not contain the condition provided for in claim cases would not form a basis for a dismissal of the claims for the reason that the principal on the bonds, and his sureties, procured the funds claimed on the fact of the giving of such bonds and both would be estopped to deny the validity of the bond. And, the plaintiff must have had a kindred idea since he took a judgment against the principal and surety on the identical bonds.

2. (a) The appellee contends that the judgment should be affirmed because the claimant…