State Ex Rel. Berry Asphalt Co. v. Western Surety Co.

This is a suit brought by the appellant, Berry Asphalt Company, (a) to recover judgment for $5,023 for asphalt sold to the North Little Rock Asphalt Company, a corporation that is now insolvent, (6) to recover $1,910 of this account from Western Surety Company, as surety upon a contractor’s bond executed by the insolvent company, and (c) to reach by equitable garnishment the sum of $300 which Street Improvement District No. 567 of Little Bock is said to owe tlie insolvent concern. On these issues the chancellor (a) entered judgment,by default for the amount sued for, (5) held that the suit…