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FIDELITY & DEPOSIT CO. v. COURTNEY

No. 178.

186 U.S. 342 (1902)

FIDELITY AND DEPOSIT COMPANY v. COURTNEY.

Supreme Court of United States.

Decided June 2, 1902.

Attorney(s) appearing for the Case

Mr. Thomas A. Whelan and Mr. Edward J. McDermott for petitioner. Mr. St. John Boyle was on their brief.

Mr. W.M. Smith for defendant in error.

MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

We shall consider under separate headings the several propositions upon which reliance is placed to demonstrate that error was committed by the trial court.

1. The court erred in admitting in evidence a notice of the default of McKnight given to the surety company by the receiver on February 18, 1897, and in instructing the jury that the requirements in the bond, that...

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