Fitchner v. American Surety Co.

SHEPPARD, District Judge.

The question raised in this case is both unusual and unique and the dearth of authority on the subject justifies a written opinion.

This action is brought upon a supersedeas bond upon which the defendant is surety and which was given according to the Florida practice in a suit which Fitchner, the plaintiff, brought in the circuit court for Leon county, Fla., against Edwards & Sayward, a partnership, on the common counts for services rendered. Edwards & Sayward, the defendants, in addition to pleading the general issue, filed a plea of set-off for an amount exceeding…