MARYLAND CASUALTY CO. v. JONES

No. 5366.

35 F.2d 791 (1929)

MARYLAND CASUALTY CO. v. JONES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 9, 1929.


Attorney(s) appearing for the Case

John Ralph Wilson and W. G. Bonta, both of San Francisco, Cal., for plaintiff in error.

Nat Schmulowitz and Ernest L. Brune, both of San Francisco, Cal., for defendant in error.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


RUDKIN, Circuit Judge.

This was an action at law against a surety company on a bond of indemnity. The action was tried by the court without the intervention of a jury, by written stipulation of the parties. As is usually the case, the action presented or involved two questions: First, the question of liability; and, second, the extent or amount of that liability. At the close of the testimony offered by both parties, the surety company interposed a so-called motion...

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