People v. Frank G. Heilman Co.

This is an action in assumpsit brought by plaintiff against Frank Gf. Heilman Company, a corporation, as principal, and the Central West Casualty Company as surety, on an indemnity insurance contract commonly called a Commission Merchant’s Bond. There was a trial by the court, a finding of the issues against the defendants, damages assessed at $5,663.09, judgment to be satisfied upon the payment of $5,000 and a judgment on the finding. To reverse this judgment the defendant, Central West Casualty Company, appeals.

The statement of claim sets forth in substance that on July 1, 1929, the Frank…