Berry v. Slocomb

The judgment of the court was pronounced by

Slidell, J.

This suit is brought to recover an amount expended for fees to counsel, under the following circumstances. Cox desired to appeal from a judgment. Berry agreed to become his surety on the appeal bond; and as his inducement to do so, the defendant executed in Berry's favor a written obligation, by which she bound herself to save him harmless. Berry was sued upon the appeal bond, employed counsel to whom he paid the amount now claimed, and defended the suit successfully. When suit was brought against him, Berry transmitted a copy of the…