Accident and Casualty Ins. Co. v. Cook

This case is brought to this court by the defendants in the court below, complaining of alleged error committed by the trial court, (a) in overruling a general demurrer to the petition, and, (b) while acting by agreement of the parties as trier of the facts, in rendering judgment, under an agreed statement of facts, in favor of the plaintiff and against the defendants. The exceptions to these rulings present the same issue, and that is, the liability assumed by the principal and surety under the bond here involved. In other words, was the bond (1) a forfeiture bond in which the principal…