Collins v. United States Fidelity & Guaranty Co.

(After stating the foregoing facts.) The instrument sued on was signed by the United States Fidelity and Guaranty Company alone, the City of Albany was named as the obligee therein, and it was conditioned that the United States Fidelity and Guaranty Company, called the surety, in consideration of an annual premium, “will reimburse the City of Albany, . . called the obligee, for direct loss through the failure of any person named in the attached schedule to faithfully perform and discharge according to law the duties of any position, to which he may be assigned.''

The plaintiff in error alleged…