Maryland Casualty Co. v. Jones

RUDKIN, Circuit Judge.

This was an action at law against a surety company on a bond of indemnity. The action was tried by the court without the intervention of a jury, by written stipulation of the parties. As is usually the ease, the action presented or involved two questions: First, the question of liability; and, second, the extent or amount of that liability. At the close of the testimony offered by both parties, the surety company interposed a so-called motion for non-suit on five different grounds. The third ground of the motion was that there was no evidence of any wrongful abstraction,…