American Surety Co. of New York v. Standard Asphalt Co. of Florida, Inc.

BRYAN, Circuit Judge.

In a suit on the common counts in a state court, the appellee here recovered against the Finley Method Company a judgment for $15,000. The Finley Method Company appealed to the Supreme Court of Florida, and appellant became surety on its supersedeas bond for $20,000, conditioned to pay the amount of the judgment if the same should be affirmed. On that appeal the Supreme Court held that an item of $1,207 included in the judgment was not recoverable, because it was based upon an illegal and corrupt agreement, but also held that appellee was entitled to recover the balance…