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BALTIMORE TRUST CO. v. METROPOLITAN CASUALTY INS. CO.

No. 3547.

68 F.2d 121 (1934)

BALTIMORE TRUST CO. v. METROPOLITAN CASUALTY INS. CO. OF NEW YORK.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1934.

Attorney(s) appearing for the Case

G. Ridgely Sappington and Daniel Heyward Hamilton, Jr., both of Baltimore, Md., for appellant.

Arthur W. Machen, Jr., and John Henry Lewin, both of Baltimore, Md. (Armstrong, Machen & Allen, of Baltimore, Md., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

The Baltimore Trust Company, as the assignee in its own right of a mortgage and a surety bond, given to insure the payment thereof, brought an action at law in the District Court against the Metropolitan Casualty Insurance Company of New York, as surety on the bond, alleging that there had been a default in the payment of the mortgage which the casualty company was obligated to make good. A demurrer to the declaration was sustained by the District...

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