Standard Surety & Cas. Co. v. Kelley

I concur in the majority opinion relative to plaintiff’s first and fifth causes of action, but dis,sent as to the reasoning and conclusion reached as to the second, third, and fourth causes of action. The majority opinion practically concedes Pember-ton’s liability .thereon and in my opinion presents no substantial basis for denying recovery on his bond.

I agree that there is no liability with reference to the particular claims involved in that part of the .action under 62 O.S. 1941 § 479, but this conclusion, of course, does not preclude plaintiff’s right, of recovery on the causes .of…