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MARYLAND CASUALTY CO. v. DULANEY LUMBER CO.

No. 4980.

23 F.2d 378 (1928)

MARYLAND CASUALTY CO. v. DULANEY LUMBER CO. et al. BANK OF RULEVILLE v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Fifth Circuit.

January 14, 1928.

Attorney(s) appearing for the Case

Wm. H. Watkins, of Jackson, Miss. (Geo. F. Cushwa, of Baltimore, Md., and Watkins, Watkins & Eager, of Jackson, Miss., on the brief), for Maryland Casualty Co.

J. Ed. Franklin, of Ruleville, Miss., J. W. Cutrer and Edward W. Smith, both of Clarksville, Miss., and Percy Bell, of Greenville, Miss., for Dulaney Lumber Co., Pidgeon-Thomas Iron Co., Gulf Refining Co., and Bank of Ruleville.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

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

The bank appeals, and insists that its equity is superior to that of the surety. The surety appeals from the decree in favor of the Dulaney Lumber Company, which it contends should be reduced by the amount the contractor received upon sales of the empty cement sacks in question. The surety also appeals from the decree in so far as it was in favor of the Gulf Refining Company and the Pidgeon-Thomas Iron Company...

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