Phillip Metropolitan Colored Methodist Episcopal Church v. General Casualty Co. of America

ROSS, PJ.:

(DISSENTING)

This is an appeal on questions of law from a judgment of the Municipal Court of Cincinnati dismissing the defendant the General Casualty Company of America from the action, a demurrer filed by that defendant to the amended bill of particulars having been sustained by the court, and the plaintiff having stated it did not desire to plead further.

The essential averments of the amended bill of particulars are that the Casualty Company “is now and was at all times hereinbefore mentioned the surety on the real estate broker’s bond” of its co-defendant, “that said bond was…