Fidelity & Deposit Co. of Maryland v. Freitas

BRIGGS, J. (Estes, A. P. J., and Rollins, J.)

— This is an action of contract in which the plaintiff seeks to recover for loss incurred 'by it as surety for the defendant on a surety bond issued- by it resulting from alleged acts of fraud and dishonesty committed by the defendant while in the employ of the Toledo Scale Company. The answer is a general denial, and the defendant further pleaded an equitable defense denying that he had committed any acts of fraud or dishonesty, and set forth further that the Toledo Scale Company owed him commissions and credits and monies paid by him for the…