State Ex Rel. George v. Sun Indemnity Co.

Woods, Judge:

This is an action in assumpsit against Sun Indemnity Company, a corporation, as surety on the -bond of Edgar S. Phillips, a special receiver in the consolidated chancery causes of Stannard Supply Company v. Delmar Coal Company and Putzek v. Delmar Coal Company, to recover money paid under a decree, which was later set aside on .appeal, to Phillips for services as special receiver, and not thereafter accounted for by him. The surety complains of a judgment for the plaintiff.

The declaration, after setting out that plaintiff has authority, or leave of court, by virtue of the terms…