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AMERICAN SURETY CO. OF NEW YORK v. ROBINSON

No. 6359.

53 F.2d 22 (1931)

AMERICAN SURETY CO. OF NEW YORK v. ROBINSON et al.

Circuit Court of Appeals, Fifth Circuit.

October 29, 1931.

Attorney(s) appearing for the Case

T. Baldwin Martin and Cubbedge Snow, both of Macon, Ga., for appellant.

J. T. Goree and H. G. Rawls, both of Donalsonville, Ga., opposed.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

American Surety Company, as surety for the treasurer of a Georgia county, was required to pay his defalcation, and brought a bill in equity for subrogation to the right of the county to hold its county commissioners individually liable for the loss. Motions to dismiss the bill were granted, and the surety company appeals.

The bill sets up that it was the duty of the commissioners under the law to audit each claim presented against the...

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