Mitchell v. Smith

This is an appeal by the defendant Maryland Casualty Company from a judgment for $5,434 against it upon a surety bond.

The appeal is upon the judgment-roll alone and «the contentions made are that the complaint does not state a cause of action and the findings do not support the judgment.

The facts, as disclosed by the findings, are, briefly: That prior to December 17, 1924, defendant E. L. Smith was the owner of the stock of the Foss-Smith Company and was an officer thereof and also the general manager and in direct control of the entire business of said corporation; that during all the times…