Sloan v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover on a surety bond. Plaintiff prevailed and defendant appeals.

*638The facts are substantially these:

Alice N. Houser died October 5, 1920, leaving a will which was duly admitted to probate, and Jacob C. Houser was appointed ad-' ministrator of her estate. His bond was fixed in the sum of $74,000. Personal bond was given for a portion of the amount and surety bond executed by the defendant in the sum of $33,500, which was approved by the court. Houser qualified, entered upon his duties, and in due time filed an…