Axson v. National Surety Corp.

Gregory, Justice.

In early 1984 appellant, former Clerk of the Superior Court of Chatham County, was indicted on three counts of theft by conversion of Superior Court funds, and three counts of violation of oath by a public officer. Upon demand, appellee, the underwriter of appellant’s public official bond, paid the full amount of appellant’s bond to the Governor of the State of Georgia. Thereafter appellee filed suit against appellant to recover amounts so paid based on appellant’s alleged agreement to indemnify appellee against any losses sustained in connection with the bond.

Appellee…