Fidelity & Deposit Co. v. Cody

Appellants, some 30 in number, appeal, by leave of this court, from an order entered by the circuit court denying their motion to dismiss plaintiff’s bill of complaint.

Plaintiff filed its bill of complaint in the nature of interpleader, alleging that it was surety on two bonds, given by Norman Berry & Company, a stock brokerage concern of Detroit (now bankrupt), in the penal sum of $10,000 each; that the first bond was executed on April 13, 1935, and contained the following condition:

“Now, therefore, the condition of this obligation is such that if the said Norman Berry & Company and all…