McIntyre v. American Surety Co.

The opinion of the court was delivered by

Johnston, C. J.:

On March 3, 1914, A. H. McIntyre, as trustee of the Clark Paint, Varnish and Plantation Company, a defunct corporation, brought her action against the American Surety Company upon a fidelity bond issued by the latter company covering the liability of one Joseph T. Miller as vice-president of the defunct corporation. The case was tried before a jury, which on October 7, 1914, rendered a verdict for the plaintiff. The defendant’s motion for a new trial having been denied, it appealed to this court on November 25, 1914. On September…