Western Surety Co. v. Town of Evansville

CARDINE, Justice.

The Town of Evansville brought suit upon a bond issued by Western Surety Company to recover losses resulting from misappropriation of funds by the town treasurer and clerk of the municipal court. From a summary judgment granted appel-lee, Town of Evansville, Western Surety brings this appeal.

The sole issue presented for our determination, as stated by appellant, is whether:

“[The court] erred in granting a summary judgment in favor of the Appellee and against the Appellant, the summary judgment being granted on information contained in an affidavit submitted by •the Appellee…