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BADLEY v. TOWLE

No. 1 CA-CIV 624.

9 Ariz. App. 321 (1969)

451 P.2d 899

Russell BADLEY, Appellant, v. L.E. TOWLE and New York Underwriters Insurance Company, a corporation, Appellees.

Court of Appeals of Arizona.

Rehearing Denied April 21, 1969.

Review Denied May 13, 1969.

Attorney(s) appearing for the Case

Gust, Rosenfeld & Divelbess, by Fred H. Rosenfeld, Phoenix, for appellant.

Jennings, Strouss, Salmon & Trask, by Timothy W. Barton, Hamilton E. McRae III, Phoenix, for appellees.

HATHAWAY, Judge.

Badley brought an action against Towle, to recover for watermelons which he allegedly consigned to Towle, and took a default judgment. Badley's action against New York Underwriters Insurance Company was based on Towle's produce "dealer's" bond, purportedly executed in accordance with the provisions of A.R.S. § 3-493, subsec. A, which provides:

"Before a license shall be issued to a commission...

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