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NATIONAL SURETY CO. v. STATE OF NEW MEXICO

No. 7332.

16 F.2d 873 (1926)

NATIONAL SURETY CO. v. STATE OF NEW MEXICO, for Use and Benefit of SANDOVAL COUNTY.

Circuit Court of Appeals, Eighth Circuit.

December 6, 1926.

Attorney(s) appearing for the Case

Francis C. Wilson, of Santa Fé, N. M., for appellant.

John Venable, of Albuquerque, N. M. (A. A. Sedillo, of Albuquerque, N. M., on the brief), for appellee.

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

LEWIS, Circuit Judge.

This is a suit on an indemnity bond, to reform it (which was not contested), for its breach and for damages. The bond was required of and given by the State National Bank at Albuquerque, as depositary of public moneys of the County of Sandoval, New Mexico; and appellant was its surety. Its conditions and obligations were these:

"The Condition of the Foregoing Obligation is Such, that whereas, the said Principal, in consideration of the...

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