Maryland Casualty Co. v. Cowherd

Opinion of the Court by

Morris, Commissioner

Reversing.

Appellant, hereinafter referred to as “company,” was surety on bonds of appellee, sheriff of Christian County, for four years, beginning January 1926. In 1932 proper authorities instituted suit against principal and surety, charging failure of appellee to account for certain collected revenues, thereby breaching the covenants of the bond obligation. The trial of this suit was prolonged, and was successfully resisted by both principal and surety, by separate array of counsel.

In the instant suit the company, plaintiff below, after setting out…