Russell v. Phoenix Assurance Co.

The opinion of the court was delivered by

Wertz, J.:

This was an action for the recovery of money on a contractor’s statutory bond.

Plaintiff filed a bill of particulars in a justice of the peace court of Bourbon county against William A Reser, d/b/a Continental Construction Co., and Phoenix Assurance Company of New York, a corporation, defendant (appellant) herein. The case was appealed to tire district court by defendant Phoenix Assurance Company, and from a judgment for the plaintiff in that court, defendant appeals.

P. D. Russell, plaintiff (appellee), alleged in his bill of particulars that…