STATE OF MONTANA v. FIDELITY & DEPOSIT CO.

No. 917.

16 F.Supp. 489 (1936)

STATE OF MONTANA et al. v. FIDELITY & DEPOSIT CO. OF MARYLAND.

District Court, D. Montana.

September 10, 1936.


Attorney(s) appearing for the Case

Raymond T. Nagle, Atty. Gen., and R. G. Wiggenhorn, of Billings, Mont., for plaintiffs.

T. B. Weir and Harry P. Bennett, both of Helena, Mont., for defendant.


PRAY, District Judge.

This is an action to recover the sum of $10,000, named as the penalty of a surety bond issued by the defendant corporation, a surety company. The complaint also seeks the reformation of said bond by changing the word "grain," printed therein, to the word "beans."

Counsel for plaintiffs have made a fair statement of the case which the court will adopt with some modification. From August, 1929, to July, 1931, the warehouse of Chatterton...

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