Apgar v. Great American Indemnity Co.

This is an action to recover upon a replevin bond. Trial before the court without a jury resulted in a judgment for defendant, from which plaintiff has appealed.

In February, 1931, one O. E. Lake brought an action in replevin against Mrs. Alba Apgar, appellant herein, to recover certain personal property sold under conditional sales contract, upon which forfeiture had been declared by Lake against Mrs. Apgar. A statutory bond was given, upon which the respondent herein became surety. The bond contained the following provision :

“That if the plaintiff [C. E. Lake in said replevin action] shall…