CITY OF EAST CLEVELAND v. FIDELITY & DEPOSIT CO.

No. 17669.

5 F.Supp. 212 (1933)

CITY OF EAST CLEVELAND v. FIDELITY & DEPOSIT CO. OF MARYLAND.

District Court, N. D. Ohio, Eastern Division.

November 6, 1933.


Attorney(s) appearing for the Case

Edward A. Binyon, of Cleveland, Ohio, for City of East Cleveland.

McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio (William B. Stewart, of Cleveland, Ohio, of counsel), for Fidelity & Deposit Co. of Maryland.


WEST, District Judge.

This is an action by the city of East Cleveland against the defendant, a bonding company, to recover upon a depository bond given under Gen. Code, § 4295, the amount remaining in the hands of the depository and which it refused to pay over on April 5, 1933. Jury was waived. The Chagrin Falls Banking Company was depository, and its refusal was based wholly upon the federal and state emergency legislation and orders issued thereunder early...

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