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PRUDENCE CO. v. FIDELITY & DEPOSIT CO.

2 F.Supp. 454 (1933)

PRUDENCE CO., Inc., v. FIDELITY & DEPOSIT CO. OF MARYLAND et al.

District Court, S. D. New York.

January 18, 1933.

Attorney(s) appearing for the Case

Alfred T. Davison and Orrin G. Judd, both of New York City, for plaintiff.

Thomas E. White and Joseph F. Murray, both of New York City, for defendants.

BONDY, District Judge.

This is a motion to strike from the answer certain denials as sham and frivolous and nine defenses as insufficient in law.

The action is upon a surety bond made by the defendants guaranteeing the completion of a building by the Central Park Properties, Inc., in accordance with the terms of a building loan agreement between it and the Prudence Company, Inc., the obligee named in the bond.

For a first cause of action the complaint...

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