Maryland Casualty Co. v. Cushing

KERNER, Circuit Judge.

Plaintiff, a Maryland corporation, sued upon a promissory note executed by defendant. The case was tried by the court without a jury. At the conclusion of all the evidence the trial judge made special findings of fact, rendered his conclusions of law thereon, and entered judgment against plaintiff. To reverse the judgment, plaintiff has appealed.

The amended complaint alleged that when defendant entered the employ of Mutual National Bank, plaintiff became his surety in favor of the bank, as obligee, conditioned upon defendant’s faithful and honest discharge of his duties…