Smith v. Company

The plaintiff obtained a summary judgment against the defendant for the sum of $22,129.97 on the theory that the papers submitted on the motion therefor established the fact that there was no defense to the action.

The original action which is the basis for this litigation was brought to recover commissions alleged to be due plaintiff from the firm of Frazier & Co., Inc. The plaintiff attached the funds of that defendant and a bond was furnished by defendant surety company so that the moneys attached might be released. A motion was then made for a summary judgment upon the pleadings and was…