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SOUTHERN PAC. CO. v. GLOBE INDEMNITY CO.

No. 334.

21 F.2d 288 (1927)

SOUTHERN PAC. CO. v. GLOBE INDEMNITY CO.

Circuit Court of Appeals, Second Circuit.

August, 8, 1927.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Van Vechten Veeder and Eugene Underwood, Jr., both of New York City, of counsel), for plaintiff in error.

Daniel Combs, of New York City, for defendant in error.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

Among several defenses raised by the surety at the trial was one involving the meaning of the bond. It was urged that the bond was intended to cover only the anticipation of the final installment payable on El Estero and El Isleo. The language of the condition of the bond is, however, too broad to admit of this construction. It recites the contract for the building of three ships; that payments are to be made...

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