Kroiz v. United States Fire Insurance

Opinion by

Jacobs, J.,

This is an appeal from the denial of a motion for judgment on the pleadings1 in an assumpsit action.2 For the reasons stated hereinafter we affirm.

Briefly stated the facts are as follows: the appellant, Kroiz, [hereinafter A] won a verdict in an action against B. B posted an appeal bond on which the appellee, United States Fire Insurance Company, [hereinafter C] appeared as surety. B lost on appeal but did not pay the judgment, and A brought this action against C on the bond. These facts, alleged in A’s complaint, were admitted by C in its answer, and on these facts…