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NATIONAL SURETY CO. v. MASSACHUSETTS BONDING & INS. CO.

No. 216.

19 F.2d 448 (1927)

NATIONAL SURETY CO. v. MASSACHUSETTS BONDING & INS. CO.

Circuit Court of Appeals, Second Circuit.

May 2, 1927.

Attorney(s) appearing for the Case

Louis Marshall and James Marshall, both of New York City, for plaintiff in error.

Wellman, Smyth & Scofield, of New York City (Herbert C. Smyth and Roderic Wellman, both of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

In November, 1910, one Allen was duly elected treasurer of the state of Idaho. The plaintiff below (hereinafter called National) executed and delivered Allen's official bond in the penal sum of $200,000, payable to the state of Idaho, the condition of the bond being, inter alia, that Allen should "pay over in accordance with the requirements of the statutes of the state of Idaho all moneys that may come into his hands by virtue of said office...

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