Porto Rico v. American Surety Co.

IIamiltoN, Judge,

delivered tbe following opinion:

In tbis case tbe complaint alleges that tbe Porto Eico Telephone Company undertook to install a telephone system in the island, and gave a bond signed by itself and by tbe defendant as surety for tbe performance of tbe franchise granted by the plaintiff, but that tbe said telephone company went out of existence, and a forfeiture was bad in 1906. Tbe complaint in tbis case was filed August 31, 1916, and amended June 1, 1917. Tbe demurrer alleges several defects in tbe suit under these * circumstances.

1. Tbe points raised by tbe demurrer make it…