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AMERICAN SURETY CO. OF NEW YORK v. STANDARD ASPHALT CO. OF FLORIDA

No. 7508.

75 F.2d 1 (1935)

AMERICAN SURETY CO. OF NEW YORK v. STANDARD ASPHALT CO. OF FLORIDA, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 4, 1935.

Attorney(s) appearing for the Case

J. L. Doggett, Charles Cook Howell, and O. O. McCollum, all of Jacksonville, Fla. for appellant.

H. L. Anderson, of Jacksonville, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

In a suit on the common counts in a state court, the appellee here recovered against the Finley Method Company a judgment for $15,000. The Finley Method Company appealed to the Supreme Court of Florida, and appellant became surety on its supersedeas bond for $20,000, conditioned to pay the amount of the judgment if the same should be affirmed. On that appeal the Supreme Court held that an item of $1,207 included in the judgment was not recoverable...

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