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UNITED STATES FIDELITY & GUARANTY CO. v. BANK OF THORSBY

No. 5843.

46 F.2d 950 (1931)

UNITED STATES FIDELITY & GUARANTY CO. v. BANK OF THORSBY.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 19, 1931.

Attorney(s) appearing for the Case

Phares Coleman, of Birmingham, Ala., Lawrence F. Gerald, of Clanton, Ala., and M. C. Stewart, of Birmingham, Ala., for appellant.

B. P. Crum, of Montgomery, Ala., G. C. Walker and Grady Reynolds, both of Clanton, Ala., and William H. Hill, of Montgomery, Ala., for appellee.

Before BRYAN and WALKER, Circuit Judges, and HOLMES, District Judge.

HOLMES, District Judge.

The appellee recovered a judgment against the appellant for $14,724.34 on a surety bond executed by the latter for the benefit of the former, guaranteeing the fidelity of Claude C. Driskill, cashier of the bank. By the terms of the bond, the guaranty company, in consideration of a stipulated annual premium, agreed to make good to the Bank of Thorsby any loss which it might "sustain by reason of any act of personal dishonesty, forgery, theft...

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