Fountain Green City v. National Surety Corporation

PRATT, Justice.

This is an appeal by Fountain Green City. A general demurrer was sustained to their second amended complaint. They stood upon that complaint. The lower court dismissed the case.

Their complaint is in two counts. The first charges the National Surety Corporation with liability as a bondsman for the city water superintendent, alleging his failure to properly perform his duties as such superintendent; the second charges the Surety Corporation with liability for money collected as water assessments from the city water users, by said superintendent, and for which he did not account…