MAHONEY v. FOUNDERS' INS. CO.

Docket No. 24822.

190 Cal.App.2d 430 (1961)

12 Cal. Rptr. 114

ANDREW L. MAHONEY, Respondent, v. FOUNDERS' INSURANCE COMPANY (a Corporation), Appellant.

Court of Appeals of California, Second District, Division Two.

March 23, 1961.


Attorney(s) appearing for the Case

Milton Wichner for Appellant.

Harold Lee Henrikson for Respondent.


FOX, P.J.

This is an action by plaintiff, as obligee of a bond, to recover damages from defendant, as surety on the bond, since the principal obligor, Roark, had failed to perform.

Defendant, Founders' Insurance Company, filed a cross-complaint against plaintiff Mahoney, Roark, and others for damages on the ground of asserted fraud via concealment of certain facts on the part of cross-defendants. After all the evidence had been presented on the question of...

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