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MURRAY v. AMERICAN SURETY CO. OF NEW YORK

No. 7265.

69 F.2d 147 (1934)

MURRAY v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

March 8, 1934.

Attorney(s) appearing for the Case

John H. Carter and John H. Carter, Jr., both of Marianna, Fla., for appellant.

Charles Cook Howell and John L. Doggett, both of Jacksonville, Fla., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

Appellant, as receiver for a failed bank, sued appellee as surety upon a bond for the fidelity of the bank's president. The bond was canceled May 25, 1930, and by its terms covered only losses sustained before the date of cancellation and discovered before the expiration of one year after that date. Another provision of the bond was: "Section 16. This bond is subject to the following express conditions: At the earliest practicable moment and...

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