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AMERICAN SURETY CO. v. WAGGONER NAT. BANK

No. 7718.

83 F.2d 99 (1936)

AMERICAN SURETY CO. OF NEW YORK v. WAGGONER NAT. BANK OF VERNON, TEX.

Circuit Court of Appeals, Fifth Circuit.

March 24, 1936.

Attorney(s) appearing for the Case

O. D. Montgomery and F. W. Bartlett, both of Dallas, Tex., for appellant.

Leslie Humphrey and W. E. Fitzgerald, both of Wichita Falls, Tex., and Harry Mason, of Vernon, Tex., for appellee.

Before FOSTER, Circuit Judge, and DAWKINS and STRUM, District Judges.

STRUM, District Judge.

Appellant, as plaintiff below, sued appellee bank to recover losses paid by appellant as surety for the years 1931-1932 on the official bond of C. D. Greene, as tax collector of Wilbarger county, Texas.

Appellee bank was not an authorized county depository. Between January 1, 1931, and May 21, 1932, when Greene resigned, he deposited to his account as tax collector in appellee bank sums aggregating $97,492.91. Of this, $37,709.35 was...

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