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HACK v. AMERICAN SURETY CO. OF NEW YORK

No. 6260.

96 F.2d 939 (1938)

HACK v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 1, 1938.

Attorney(s) appearing for the Case

Burke G. Slaymaker and Hugh E. Reynolds, both of Indianapolis, Ind. (Slaymaker, Merrell & Locke, of Indianapolis, Ind., of counsel), for appellant.

Miller, Miller & Bredell, of Indianapolis, Ind. (Samuel D. Miller, Sidney S. Miller, and Harold H. Bredell, all of Indianapolis, Ind., of counsel), for appellee.

White, Wright & Boleman, of Indianapolis, Ind., amicus curiæ for New Amsterdam Casualty Co.

Kane, Blain & Hollowell, of Indianapolis, Ind., amicus curiæ for Fidelity & Deposit Co. of Maryland.

A. J. Rucker, Frank Symmes, and Fae Patrick, all of Indianapolis, Ind., amicus curiæ for Asa G. Smith, receiver.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.

EVANS, Circuit Judge.

Judgment was entered in the District Court for $120,917.94, upon two "Bankers' Blanket Bonds" issued by defendant surety company to cover losses through fraud and misfeasance perpetrated by the bank's officers.

The defendant surety company, in October, 1922, issued two bonds to the bank, each for the face amount of $25,000, one primary, and one to cover excess loss. They were thereafter renewed annually, and expired in October, 1926....

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