Consol. Lumber Co. v. Fid. & Deposit Co. of Md.

Appeals are presented from the judgment and from an order denying a new trial.

Plaintiff sued to recover damages arising from a breach of duty by one C. T. Gifford, notary public, the defendant being the surety upon his official bond. Plaintiff held a note for five thousand dollars executed by L. E. Kiefhaber, and endorsed by C. F. L. Kinnear and G. H. Séaton. It was dated September 20, 1906, and was due on April 1, 1907, with interest at six per cent per annum, payable monthly. It provided that if the interest was not paid as it became due the whole amount of principal and interest should…