BUNKER v. UNITED STATES FIDELITY & GUARANTY CO.

Nos. 1047, 1048.

72 F.2d 899 (1934)

BUNKER, County Treasurer, v. UNITED STATES FIDELITY & GUARANTY CO. SAME v. HOME INDEMNITY CO.

Circuit Court of Appeals, Tenth Circuit.

September 13, 1934.


Attorney(s) appearing for the Case

Hamilton Gardner, of Salt Lake City, Utah (O. A. Tangren, of Delta, Utah, and Richard Pausch, on the brief), for appellant.

Sam D. Thurman and M. C. Faux, both of Salt Lake City, Utah (Irvine, Skeen & Thurman and S. R. Thurman, all of Salt Lake City, Utah, on the brief), for United States Fidelity & Guaranty Co.

G. A. Marr, of Salt Lake City, Utah (Cheney, Jensen & Marr, of Salt Lake City, Utah, on the brief), for Home Indemnity Co.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

These are two actions at law to recover on depository bonds. At the conclusion of the trial of the consolidated actions, the court directed verdicts for appellees. These appeals challenge the correctness of that ruling.

The State Bank of Millard, principal on the bonds, failed on February 1, 1932; appellant had $105,151.62 of county funds on deposit on that date. Prior to that date both of the bonds sued on had expired. Besides these...

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