HARDING v. OHIO CASUALTY INSURANCE CO.

No. 34,974.

230 Minn. 327 (1950)

EDWARD C. HARDING v. OHIO CASUALTY INSURANCE COMPANY, OF HAMILTON, OHIO, AND OTHERS.

Supreme Court of Minnesota.

March 10, 1950.


Attorney(s) appearing for the Case

Jayne & Chase, for appellant.

Carroll & Thorson, for respondents.


PETERSON, JUSTICE.

Action to recover damages for malicious interference with plaintiff's business. Defendants' demurrers to the amended and supplemental complaint upon the grounds that the facts stated therein were not sufficient to constitute a cause of action were sustained. Plaintiff appeals.

The questions for decision are:

(1) Whether a paid surety acting singly has the right to withdraw as surety from a bond, where it does so with malicious motives...

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