Lesher v. United States Fidelity & Guaranty Co.

Mr. Presiding Justice Adams

delivered the opinion of the court.

November 25, 1903, the appellant, Jacob H. Lesher, brought suit against the appellee, the United States Fidelity & Guaranty Co. and Henry W. Schlueter. May 6, 1906, the suit, on appellant’s motion, was dismissed as to Schlueter. The suit is on a bond of date August 25, 1902, in the penalty of $50,000, executed by appellee and Schlueter to appellant. One of the conditions of the bond is as follows:

“Third. That in no event shall the surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or…