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HUNT v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 6235.

95 F.2d 491 (1938)

HUNT, Insurance Commissioner of Pennsylvania, v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Third Circuit.

March 18, 1938.

Attorney(s) appearing for the Case

Rawle & Henderson, of Philadelphia, Pa., Maurice Stern, Sp. Deputy Atty. Gen., and Charles J. Margiotti, Atty. Gen. (Thomas F. Mount and Joseph W. Henderson, both of Philadelphia, Pa., of counsel), for appellant.

Frederick H. Knight and Francis B. Bracken, both of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

PER CURIAM.

This case was here before. The jury rendered a verdict for the plaintiff, but the court entered judgment for defendant on a point of law reserved. We held that in so doing the court erred, reversed the judgment and awarded a new trial. Instead of awarding a new trial we should, on the case as it then appeared, have directed the District Court to enter judgment for the plaintiff on the verdict.

The suit was brought on an indemnity bond to recover...

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