AMERICAN SURETY CO. v. BANKERS' SAVINGS & LOAN ASS'N

No. 9761.

67 F.2d 803 (1933)

AMERICAN SURETY CO. OF NEW YORK v. BANKERS' SAVINGS & LOAN ASS'N OF OMAHA, NEB.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 26, 1933.


Attorney(s) appearing for the Case

Matthew A. Hall, of Omaha, Neb. (Raymond G. Young and Laurens Williams, both of Omaha, Neb., on the brief), for appellant.

Clement L. Waldron, of Omaha, Neb. (David O. Mathews, of Omaha, Neb., on the brief), for appellee.

Before GARDNER and VAN VALKENBURGH, Circuit Judges, and DEWEY, District Judge.


VAN VALKENBURGH, Circuit Judge.

This is a second appeal of an action to recover on a fidelity bond issued by appellant to appellee to cover loss to appellee for dishonesty of its secretary, one A. D. Touzalin. At the first trial below the judgment was for plaintiff, appellee here; that judgment was reversed upon the ground that plaintiff had failed to comply with the requirements of the bond, which provided that notice of loss should be given the surety company within...

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