American Surety Co. of New York v. Hardwick

On Rehearing.

[6, 7] Appellant earnestly argues that we erred in affirming the judgment of the trial court; but, after a careful reconsideration of the issues, we feel constrained to adhere to our former opinion. Counsel, however, requests . a statement of our views concerning the issue raised by appellant’s fifth assignment of error, which was overruled, and not discussed in our opinion. Said assignment complains of the refusal Of the trial court to allow appellant, the guardian’s surety, as an offset to the judgment rendered against it, the statutory commissions of 5 per cent, on sums shown…