Home Indemnity Co. v. McClellan Motors, Inc.

This appeal arises out of an action commenced by Home Indemnity Company for a declaratory judgment of its rights and liabilities under a statutory car dealer’s bond.

Plaintiff is surety on a used car dealer’s bond in which McClellan Motors, Inc., is principal. When claims in excess of the penal amount of the bond were received, plaintiff, on October 15, 1964, cancelled the bond. It then instituted this action to adjudicate the rights of the various claimants. Appeal is taken only from the portion of the judgment awarding defendant Carpenter $1,212.37 against the bond.

The facts upon which Mr.…