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AMERICAN SURETY CO. v. PUBLIC SCHOOLS

No. 6516.

70 F.2d 653 (1934)

AMERICAN SURETY CO. OF NEW YORK v. PUBLIC SCHOOLS OF CITY OF BENTON HARBOR, MICH.

Circuit Court of Appeals, Sixth Circuit.

May 8, 1934.

Attorney(s) appearing for the Case

C. H. Farrell, of Kalamazoo, Mich. (Richard H. Paulson, of Kalamazoo, Mich., on the brief), for appellant.

H. S. Gray, of Benton Harbor, Mich. (Willard J. Banyon, of St. Joseph, Mich., on the brief), for appellee.

Before MOORMAN and SIMONS, Circuit Judges, and TAYLOR, District Judge.

MOORMAN, Circuit Judge.

George W. Larkworthy was treasurer of the Public Schools of the City of Benton Harbor, Mich. The appellant was surety on his official bond in the penal sum of $40,000. In this suit brought against the appellant for the full liability on the bond it was alleged that Larkworthy had collected and failed to account for funds belonging to the schools in the amount of $46,150.44. The defense was that he had fully performed all conditions of the bond...

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