Barnard, Rec. v. Megorden

This was an action brought by the appellant against the appellees on an indemnity bond executed in favor of the Tuxedo State Bank to indemnify it from loss on account of misconduct or carelessness of an employee of said bank by the name of Megorden.

The appellee London and Lancashire Indemnity Company of America filed a demurrer to the amended complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action against the London and Lancashire Indemnity Company.

The memorandum to the demurrer alleged that liability on the bond in the amended complaint is…