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MONTGOMERY v. REALTY ACCEPTANCE CORPORATION

No. 25.

15 F.Supp. 665 (1936)

MONTGOMERY v. REALTY ACCEPTANCE CORPORATION.

District Court, D. Delaware.

July 24, 1936.

Attorney(s) appearing for the Case

Robert H. Richards and Aaron Finger (of Richards, Layton & Finger), both of Wilmington, Del., and Thomas J. Crawford, of New York City, for plaintiff.

R. Randolph Hicks (of Satterlee & Canfield), of New York City, for defendant and surety company.

NIELDS, District Judge.

This is a motion for a summary judgment against a surety on a supersedeas appeal bond.

A judgment of $80,500 was entered against Realty Acceptance Corporation in the above suit on May 1, 1929. An appeal was taken and defendant gave a supersedeas appeal bond for $90,000 with American Employers' Insurance Company as surety on June 7, 1929. The condition of the bond is as follows:

"Whereas, the above named Realty Acceptance Corporation...

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