MASSACHUSETTS BOND. & INS. CO. v. WINTERS NAT. BANK & TR. CO.

No. 9072.

130 F.2d 5 (1942)

MASSACHUSETTS BONDING & INS. CO. v. WINTERS NAT. BANK & TRUST CO. OF DAYTON, OHIO.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1942.


Attorney(s) appearing for the Case

Clifford R. Curtner and A. K. Meck, both of Dayton, Ohio, for appellant.

Robert E. Cowden, Jr., of Dayton, Ohio (Robert E. Cowden, Jr., and Cowden, Cowden & Crew, all of Dayton, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.


ALLEN, Circuit Judge.

This appeal involves questions of the appellant's liability on a surety bond given by it to secure the performance by Daniel I. Harshman of his duties as administrator of the estate of Robert Chambers, deceased. Two actions presenting essentially the same issues were instituted, one in the federal court by appellant against appellee as successor administrator, seeking a declaratory judgment; the other, commenced by appellee in the state court...

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