SIBLEY, Circuit Judge.
New York Casualty Company became surety for Claud C. Hodge as Assessor and Collector of Taxes for Fannin County, Texas, for a term beginning January 1, 1939. Hodge died intestate July 6, 1939, having during June and July collected for the County and its School Districts $7,608.84 which he had not paid over but had on deposit in his name as Assessor and Collector of Taxes in First National Bank of Bonham, the duly constituted County Depository...
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