Fidelity & Casualty Co. of New York v. McNamara

Biley, Judge:

The Fidelity and Casualty Company of New York instituted a motion for judgment proceeding in the Circuit Court of Wyoming County against Donald W. McNamara, a former police officer of the City of Princeton, to recover the sum of seven hundred fifty dollars based upon an indemnity agreement contained in defendant’s written application for an official bond furnished to the City-of Princeton upon which plaintiff was surety. The circuit court overruled plaintiff’s demurrer to the evidence interposed at its conclusion, and entered judgment nil capiat against plaintiff, who prosecutes…