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MAXWELL v. UNITED STATES

No. 2268.

3 F.2d 906 (1925)

MAXWELL et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 13, 1925.

Attorney(s) appearing for the Case

Christie Benet, of Columbia, S. C., and George A. King, of Washington, D. C. (King & King, of Washington, D. C., Benet, Shand & McGowan, of Columbia, S. C., F. A. W. Ireland, of New York City, Frank G. Tompkins, of Columbia, S. C., and Charles F. Harley, of Baltimore, Md., on the briefs), for plaintiffs in error.

J. D. E. Meyer, U. S. Atty., and Louis M. Shimel, Asst. U. S. Atty., both of Charleston, S. C.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

ROSE, Circuit Judge.

The plaintiffs in error, William H. Maxwell and the Globe Indemnity Company, hereinafter referred to as the contractor and the surety, respectively, were defendants below. The plaintiff there was the United States, herein styled the government. It sued them on the bond they had given for the performance by the contractor of his undertaking to build the post office at Columbia, S. C.

The surety says that the late Judge Smith, before whom...

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