Centerville State Bank v. National Surety Co.

POLLOCK, District Judge.

This is an action at law brought by plaintiff to recover from defendant on a fiduciary bond. The amended petition seeks recovery of six items, aggregating $4,729.50. The demand in the original petition was for an aggregate of only $4,095.30. Other items not originally declared upon were added by the amended petition.

While it is seriously contended, even in the event a recovery can be had by" plaintiff in any amount certain of the items declared upon in the amended petition cannot be allowed to plaintiff; however, as by reason of the defense interposed, it is the…