J. E. Smith & Co. v. Guillet

This is an action against a surety on a penal bond to recover the amount of a judgment previously obtained by the plaintiff against the principal on the bond, the defendant in an earlier action.

The facts may be thus summarised: On August 27, 1947, the plaintiff instituted an action against one jerry Guillet, made returnable to this court on the first Tuesday of October, 1947, claiming damages in the amount of $1800. To avoid attachment of property in that action Guillet prevailed upon the defendant, his sister-in-law, to go surety on a common-law bond. By the terms of the executed bond,…