Interstate Acceptance Corp. v. Rosenblatt

MORRIS, Special Commissioner.

In September 1949 appellant recovered judgment for $1,409.39 against Nathan Rosenblatt. An appeal was granted on November 9, 1949. Prior to that date, on October 19, Rosenblatt executed an appeal bond, with appellee as surety. On May 26, 1950, this court dismissed his appeal because the transcript had not been perfected and filed in due time. The appeal was dismissed without damages. Thereafter appellant filed its petition against ap-pellee, alleging the foregoing facts, and sought judgment on the bond. It was alleged that on the same day the bond was executed the…