Peschmanns v. National Surety Co.

This is a motion for judgment on the pleadings. The defendant surety company gave an undertaking in another action conditioned “ that if any judgment is rendered herein against the defendant, and an execution issued therein is returned wholly or partly unsatisfied, it will pay the amount of said judgment or the portion thereof remaining unsatisfied, not exceeding the sum of six thousand ($6,000.00) dollars.” The surety company admits the performance of all the conditions precedent of its liability— its denials are palpably frivolous — except that it alleges as an affirmative defense that an…