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SOUTHERN SURETY CO. v. AUSTIN

No. 4989.

22 F.2d 881 (1927)

SOUTHERN SURETY CO. v. AUSTIN, Commissioner of Banking of Texas.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1928.

Attorney(s) appearing for the Case

William E. Allen, of Fort Worth, Tex. (John T. Sugga, of Denison, Tex., and Goree, Odell & Allen, of Fort Worth, Tex., on the brief), for plaintiff in error.

Charles Amos Leddy, of Dallas, Tex., and W. J. Rogers, of San Antonio, Tex. (Spencer & Rogers, of San Antino, Tex., and Merritt & Leddy, of Dallas, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Plaintiff in error, hereafter called defendant, executed an indemnity bond in the penal sum of $10,000, guaranteeing the Farmers' & Merchants' State Bank of Ranger, Tex., against loss resulting from the embezzlement, wrongful abstraction, and willful misappropriation of its moneys, funds, and securities by its vice president, J. A. Chaffe. The bond also ran in favor of any receiver who might be put in charge of the affairs of the bank. Chaffe...

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