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FITCHNER v. AMERICAN SURETY CO. OF NEW YORK

2 F.Supp. 321 (1933)

FITCHNER v. AMERICAN SURETY CO. OF NEW YORK.

District Court, N. D. Florida.

February 4, 1933.

Attorney(s) appearing for the Case

Parker & Parker, of Tallahassee, Fla., for plaintiff.

William J. Oven and Francis B. Winthrop, both of Tallahassee, Fla., for defendant.

SHEPPARD, District Judge.

The question raised in this case is both unusual and unique and the dearth of authority on the subject justifies a written opinion.

This action is brought upon a supersedeas bond upon which the defendant is surety and which was given according to the Florida practice in a suit which Fitchner, the plaintiff, brought in the circuit court for Leon county, Fla., against Edwards & Sayward, a partnership, on the common counts for services...

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