COEN v. AMERICAN SURETY CO. OF NEW YORK

No. 11881.

120 F.2d 393 (1941)

COEN v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 3, 1941.


Attorney(s) appearing for the Case

R. Carter Tucker and Charles B. Turney, both of Kansas City, Mo. (Harding, Murphy & Tucker, of Kansas City, Mo., on the brief), for appellant.

Thomas E. Deacy, of Kansas City, Mo. (M. J. Henderson, Ben W. Swofford, and Henderson, Deacy, Henderson & Swofford, all of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is an appeal from a judgment for the defendant in an action brought by appellant on a contract of guaranty in the form of a bond. The case was tried to a jury, and the judgment was rendered upon a verdict directed by the court at the conclusion of the evidence. Jurisdiction is based upon diversity of citizenship.

In his petition Coen, the plaintiff, alleged that on or about March 28, 1935, he purchased of F. E. Colvin a promissory...

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