Globe Indemnity Co. v. Ætna Casualty & Surety Co.

On Rehearing

HIGGINS, Justice.

This is an action by a surety company against its alleged co-surety to.recover one-half of the amount of the judgment paid by the plaintiff to the dative tutor of the minors and also one-half of the expenses incurred in defending the suit entitled Pecastaing v. Globe Indemnity Company, 176 La. 31, 145 So. 259.

The defense is that the bonds furnished were not to secure the same debt nor were the plaintiff and the defendant the sureties for the same debtor — the bond furnished by the plaintiff securing an adjudication liability and the bond given by the defendant…