Fidelity Deposit Co. of Md. v. Cowan

Hart, C. J.,

(after stating the facts). Appellant contends that $10,000, the amount which it paid into court as surety for Cowan, is the full amount of its liability, and that the court erred in holding that the $5,000, the proceeds of the Montague bond, was subject to the claims of the various plaintiffs superior to the right of appellant to offset its judgment against Cowan against it. Cowan contends that he should have judgment against appellant, to the extent of Montague’s shortage during the years 1923 and 1924, which is shown by the master’s report to be $3,250.61, and also for the full…