United States Fidelity & Guaranty Co. v. Carter

Opinion of the Court by

Judge Nunn

Affirming.

In one form or another this is the third time this case has been here, and we therefore venture the hope that this time will be the last time.

*738In. a suit to settle the accounts of a defaulting trustee, an item of $6,089.00 was charged against him. The item was for attorney fees expended by the succeeding trustee in recovering the loss by prosecuting actions against his sureties, and otherwise. The question here is whether in a suit on the bond, the surety can attack that settlement, or the items embraced in it. That is, whether as to the surety the…