WRIGHT v. FIDELITY & DEPOSIT CO.

No. 5310.

29 F.2d 641 (1928)

WRIGHT v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1929.


Attorney(s) appearing for the Case

Joseph J. Eckford and Paul T. McMahon, both of Dallas, Tex. (John W. Pope and J. Lee Zumwalt, both of Dallas, Tex., on the brief), for appellant.

Albert B. Hall, of Dallas, Tex., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This was an action to collect premiums on a receiver's bond. It was brought by the appellee surety company against appellant, who was receiver in a suit in a state court. The defense was that the court which appointed the receiver entered an order terminating the surety's liability on the bond before any of the premiums sued for became due.

The facts are not in dispute. On January 25, 1923, appellant was appointed receiver, his appointment...

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