Horn v. Bowen

Fox, President:

This is an action of debt instituted by F. C. Horn, in the Circuit Court of Kanawha County, West Virginia, against. Lawrence E. Bowen and The Fidelity and Casualty Company of New York, a corporation, for breach of contract,, and it is assumed the action of debt is used on account of the execution of a performance bond on the part of the corporate defendant. A trial of the case resulted in a verdict in favor of the plaintiff against the defendants in the sum of $2,752.91, to which judgment we granted this writ of error and supersedeas.

In May, 1944, the plaintiff in this action,…