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PRUDENCE CO. v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 293.

77 F.2d 834 (1935)

PRUDENCE CO., Inc., v. FIDELITY & DEPOSIT CO. OF MARYLAND et al.

Circuit Court of Appeals, Second Circuit.

June 10, 1935.

Attorney(s) appearing for the Case

Thomas E. White, of New York City (John W. Davis, Joseph F. Murray, and Thomas E. White, all of New York City, of counsel), for appellants.

Alfred T. Davison, of New York City (Alfred T. Davison, Martin A. Schenck, and Orrin G. Judd, all of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The judgment appealed from was entered upon a directed verdict after a trial by a jury of one, pursuant to a stipulation of the parties. The action is upon a surety bond guaranteeing to appellee, holder of a first mortgage lien, the completion of the apartment hotel, Essex House, in New York City. Central Park Properties, Inc., the mortgagor, was the principal on the bond given by the appellants.

Central Park Properties Inc., had contracted...

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