American Surety Co. v. Morton
Supreme Court of Oklahoma
Brror from Washington County Court; A. T. Dumenil, Judge. Action by the American Surety Company against A. D. Morton. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Opinion by
ROBERTSON, C.
The plaint'iff brought this suit against defendant to recover premiums alleged to be due on guardian’s bond, and for expenses incurred in attempting to collect the same. The judgment of the lower court was for the defendant. The complaint, in substance, charges that in March, 1904-, the defendant, Morton, representing to plaintiff that he was the agent of one James Donnelly, made application to have it become surety on the bond of one Silas Bryan as guardian of his (Bryan’s) children, and by the terms of the agreement Donnelly was to sign a contract which would obligate…
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