Rogers v. U. S. Fidelity & Guaranty Co.

Stukes, Justice.

George E. Fata was a motor vehicle dealer and appellant was surety upon his bond in the sum of $2,000.00 which was dated May 22, 1951, and recited that it was conditioned for the lawful operation of the business during the period from the date of the bond through October 31, 1951, and, in effect, that it was made pursuant to the Act of the General Assembly which was approved March 25, 1948, 45 Stat. 1729. The terms of the Act survive in substance as section 46-91 et seq. of the Code of 1952, but see the intervening Act No. 223 of 1949, 46 Stat. 342. The complaint in this…