Paulsell v. Peters

Steinert, J. —

Plaintiff brought suit against a real estate broker and his bondsman, a surety company, to recover for the misappropriation and embezzlement, by the broker, of certain sums of money alleged to belong to plaintiff. At the trial, had before the court without a jury, the defendant broker defaulted, and the cause proceeded to judgment against the defendant surety company alone. Upon entry of judgment, the surety company appealed.

The facts as shown by the record are as follows: During 1937 and 1938, defendant Frank E. Peters was engaged in the real estate brokerage business in…