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UNITED STATES QUARRY T. CO. v. MASSACHUSETTS B. & INS. CO.

No. 6458.

71 F.2d 400 (1934)

UNITED STATES QUARRY TILE CO. v. MASSACHUSETTS BONDING & INS. CO.

Circuit Court of Appeals, Sixth Circuit.

June 8, 1934.

Attorney(s) appearing for the Case

Arthur Baldwin, of Cleveland, Ohio, and J. L. Cable, of Lima, Ohio (Cable & Cable, of Lima, Ohio, and Garfield, Cross, MacGregor, Daoust & Baldwin, of Cleveland, Ohio, on the brief), for appellant.

H. J. Crawford, of Cleveland, Ohio (Thomas M. Kirby, Melville Reese Dill, and Squire, Sanders & Dempsey, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The appeal involves the construction of an indemnity bond given by the appellee to insure the appellant's bank deposits, and a claim of estoppel asserted by the assured, based upon a construction of the bond made by a general agent of the surety and relied upon by the assured. The judgment below upon trial to the court without a jury was for the surety in the principal amount involved, and the assured appeals.

In 1930 the assured had...

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