Ætna Insurance v. Lunsford

Bell, J..¿Etna Insurance Company brought a suit against Elisha J. Lunsford as principal, and others as sureties, in the superior court of Whitfield County. The liability sued on arose out of a contract between the company and Lunsford, whereby the latter, hereinafter called the defendant, became the local agent for the company at Dalton, Georgia. The defendant admitted that he was liable to the plaintiff as stated in the petition, but pleaded as a ground of set-off and cross-action that the company through named authorized agents from its general office in Atlanta had perpetrated a fraud upon…