ÆTNA CASUALTY & SURETY CO. v. NATIONAL BANK OF TACOMA

No. 6789.

59 F.2d 493 (1932)

ÆTNA CASUALTY & SURETY CO. v. NATIONAL BANK OF TACOMA.

Circuit Court of Appeals, Ninth Circuit.

June 20, 1932.


Attorney(s) appearing for the Case

J. Speed Smith and Henry Elliott, Jr., both of Seattle, Wash., and Henderson, Carnahan & Thompson, of Tacoma, Wash., for appellant.

Hayden, Metzger & Blair, Elmer M. Hayden, F.D. Metzger, and A. E. Blair, all of Tacoma, Wash., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.


NORCROSS, District Judge.

Appellee brought an action against appellant to recover upon a bond, in the amount of $4,000, executed by appellant, as surety, and American Wood Pipe Company, as principal, the bond running to appellee and/or Twin Harbors Lumber Company, as obligees. At the conclusion of appellee's case, appellant moved for a directed verdict, which was denied. Appellant introduced no evidence, and the court instructed the jury to return a verdict for appellee...

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