Fidelity & Deposit Co. v. United States ex rel. Smoot

SMITH, Acting Associate Justice.

This is an appeal from a judgment against the Fidelity & Deposit Company of Maryland on an intervening declaration filed by Lewis E. Smoot by permission of the court in the case of the United States, to the Use of Henry C. Louder, against the Faribault Building Corporation and the Fidelity & Deposit Company of Maryland. In that declaration Smoot alleged that the defendants agreed by their writing obligatory to pay to the plaintiff the sum of $113,025.30, subject to the condition that the obligation would be void and of no effect if the Faribault Building…