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AMERICAN SURETY CO. v. CITY OF THOMASVILLE

No. 7430.

73 F.2d 584 (1934)

AMERICAN SURETY CO. OF NEW YORK v. CITY OF THOMASVILLE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 1, 1934.

Attorney(s) appearing for the Case

E. K. Wilcox and T. G. Connell, both of Valdosta, Ga., for appellant.

P. C. Andrews, of Thomasville, Ga., and O. W. Franklin and H. C. Eberhardt, both of Valdosta, Ga., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

The American Surety Company, surety on the bond of John W. H. Mitchell, as treasurer of the city of Thomasville, Ga., was held liable for the money of the city deposited by the treasurer in three banks which successively failed in the years 1932 and 1933, and it appeals. The facts were agreed on, and the most material ones follow in order of time: In 1889 the city of Thomasville was created by a public act of the Legislature. Acts 1889, p. 854...

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