Oaks v. American Surety Co. of N.Y.

HOLDEN, C. J.-

This is an action by Ivan E. Oakes, as receiver, against American Surety Company of New York, surety on the official bond of Ben H. Lake, sheriff of O'wyhee county, for the term commencing the second Monday of January, 1931, and ending the second Monday of January, 1933.

The case was tried in the district court upon the amended complaint of the receiver, and the general and special demurrer of the surety company. The surety company demurred to such complaint upon the grounds: (1) That it did not state a cause of action. (2) That it appeared from such complaint the receiver’s…