Hartford Accident & Indemnity Co. v. Hembree

HUXMAN, Circuit Judge.

Tha appellant, Hartford Accident and Indemnity Company, a corporation, has appealed from a judgment of the District Court for the Western District of Oklahoma sustaining a motion by appellees to dismiss for failure to state a cause of action the petition of appellant, in which it sought a determination of its liability under an indemnity bond.

Tom C. Waldrep was guardian of a number of minors. He as principal, and appellant as surety, executed and filed a guardian’s bond in the County Court of Pottawatomie County, Oklahoma, in the principal sum of $120,000. Thereafter…