AMERICAN SURETY CO. v. FISCHER WAREHOUSE CO.

No. 8102.

88 F.2d 536 (1937)

AMERICAN SURETY CO. OF NEW YORK v. FISCHER WAREHOUSE CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 19, 1937.


Attorney(s) appearing for the Case

Plowden Stott and Edward J. Clark, both of Portland, Or., for appellant.

Wilbur, Beckett, Howell & Oppenheimer, R. W. Wilbur, H. B. Beckett, F. C. Howell, and E. K. Oppenheimer, all of Portland, Or., for appellee Eyre & Co.

Geo. A. Rhoten, of Salem, Or., for appellees Frazier.

Custer E. Ross, of Salem, Or., for appellees Lumber Co. and Jack.

Keyes & Page, of Salem, Or., for appellees Bank, Kelly, and Tate.

I. H. Van Winkle, Atty. Gen., and Willis S. Moore, Asst. Atty. Gen., for appellees Snell and White.

Before DENMAN, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

In a suit brought by appellant to cancel an instrument, denominated a bond, upon which appellant was surety, the court below refused cancellation, and from the decree entered this appeal is taken.

The suit was brought against certain officers of the state of Oregon, and appellees who were asserting claims against appellants. The bill alleged that the instrument was void, because it was obtained by fraud and false representations; (2)...

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