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AMERICAN SURETY CO. v. FLORIDA NAT. BANK & TRUST CO.

No. 8612.

94 F.2d 126 (1938)

AMERICAN SURETY CO. OF NEW YORK v. FLORIDA NAT. BANK & TRUST CO.

Circuit Court of Appeals, Fifth Circuit.

January 27, 1938.

Attorney(s) appearing for the Case

Stuart Mackenzie, of Miami, Fla., for appellant.

Eldon L. Boyce, of Miami, Fla., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was against the surety on a garnishment bond executed in the suit of Isabella Hallman v. Alice Rich for damages for breach of its condition: "now therefore, if the said Isabella Hallman, a widow, shall well and truly pay all costs and damages the defendant may sustain in consequence of complainant improperly suing out said writ of garnishment, then this bond to be null and void, else to remain in full force and virtue."

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