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UNITED STATES v. GLOBE INDEMNITY CO.

No. 113.

26 F.2d 191 (1928)

UNITED STATES ex rel. BRIMBERG BROS., Inc., v. GLOBE INDEMNITY CO.

Circuit Court of Appeals, Second Circuit.

May 7, 1928.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Perry A. Hull, of New York City, of counsel), for plaintiff in error.

Sutta & Frankel, of New York City (Nathan Frankel, of New York City, of counsel), for defendant in error.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The writ raises two points: May the relators sue upon the bond? If so, does it cover a loss occurring before the date of its execution? The first question depends upon whether the bond was given for the benefit of the United States alone or of the owners of carted merchandise as well. In Howard v. U. S., 184 U.S. 676, 22 S.Ct. 543, 46 L. Ed. 754, the Supreme Court held that a court clerk's bond was available...

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