Fidelity & Deposit Co. of Maryland v. Whitson

Plaintiff Fidelity and Deposit Company filed an action against defendant Carl Whitson on an indemnity agreement and on March 4, 1960, judgment was rendered in favor of plaintiff for the sum of $4,853. Defendant appealed therefrom, filing an undertaking on appeal (pursuant to Code Civ. Proc., § 942), in the penal sum of $10,000 executed by United States Fidelity and Guaranty as surety.

The District Court of Appeal affirmed the judgment and directed the trial court to determine a reasonable attorney’s fee for services on appeal to plaintiff, and to add such fee to the principal amount of the…