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HARTFORD ACCIDENT & INDEMNITY CO. v. WEIL BROS.

No. 5679.

41 F.2d 171 (1930)

HARTFORD ACCIDENT & INDEMNITY CO. v. WEIL BROS.

Circuit Court of Appeals, Fifth Circuit.

May 28, 1930.

Attorney(s) appearing for the Case

Marion Rushton and Ray Rushton, both of Montgomery, Ala., and Wm. M. Hall, of Memphis, Tenn. (Rushton, Crenshaw & Rushton, of Montgomery, Ala., on the brief), for appellant.

Lee H. Weil and Richard T. Rives, both of Montgomery, Ala. (Weil, Stakely & Cater, and Hill, Hill, Whiting, Thomas & Rives, all of Montgomery, Ala., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellees brought suit to recover on two indemnity bonds issued to them by appellant. The complaint contained three counts. At the close of the evidence the third count was abandoned. By agreement the first count was withdrawn from the jury and was submitted to the judge for decision on the law and the facts. Appellants requested a directed verdict on the second count which was refused. The jury returned a verdict on the second count in the...

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