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NATIONAL SURETY CO. v. LYONS

No. 7314.

16 F.2d 688 (1926)

NATIONAL SURETY CO. v. LYONS, County Treasurer.

Circuit Court of Appeals, Eighth Circuit.

December 20, 1926.

Attorney(s) appearing for the Case

Rush C. Clarke and James G. Mothersead, both of Scottsbluff, Neb. (R. T. York and A. R. Honnold, both of Scottsbluff, Neb., on the brief), for plaintiff in error.

E. D. Crites, of Chadron, Neb. (F. A. Crites, of Chadron, Neb., on the brief), for defendant in error.

Before LEWIS, Circuit Judge, and MUNGER and FARIS, District Judges.

LEWIS, Circuit Judge.

The First National Bank of Harrison, Nebraska, was appointed depository of funds belonging to Sioux County in that State, and, as the State statute required, gave a bond with appellant as its surety, conditioned that the bank would keep all sums of money deposited with it by the treasurer of the county subject to his order and would pay the same over upon the written demand of said treasurer. The bond recited that the deposits should be subject...

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