Harden v. United States Fidelity & Guaranty Co.

SIMPSON, Justice.

On December 4, 1951, plaintiff filed suit against United States Fidelity & Guaranty Company, a Maryland Corporation, on its surety bond. On March 5, 1952, the Commercial Casualty Insurance Company was added as a party defendant. By a series of pleadings not here pertinent the cause remained in fieri until June 7, 1956, at which time the plaintiff due to the sustaining of the defendants’ demurrers to the complaint, took a non-suit and reserved said rulings for the decision of this Court. The defendant United States Fidelity & Guaranty Company filed a motion to set aside the…