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MASSACHUSETTS BONDING & INS. CO. v. HARRISBURG TRUST CO.

No. 8652.

148 F.2d 784 (1945)

MASSACHUSETTS BONDING & INS. CO. v. HARRISBURG TRUST CO.

Circuit Court of Appeals, Third Circuit.

Decided March 29, 1945.

As Amended June 11, 1945.

Attorney(s) appearing for the Case

Herbert A. Barton, of Philadelphia, Pa. (Swartz, Campbell & Henry, of Philadelphia, Pa., and Braddock & Sohn, of Harrisburg, Pa., on the brief), for appellant.

George H. Hafer, of Harrisburg, Pa. (Arthur H. Hull and Hull, Leiby and Metzger, all of Harrisburg, Pa., on the brief), for appellee.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and FAKE, District Judge.

McLAUGHLIN, Circuit Judge.

The appellant was surety on a $100,000 depository bond in favor of the Commonwealth of Pennsylvania and covering deposits of the State Treasurer in the appellee bank. The arrangement continued without difficulty fom 1922 to 1932. The advance premium had been $500 a year to and including 1930 when it was increased to $1,000. On October 19, 1932, a cancellation notice was served by the appellant on the Commonwealth of Pennsylvania. On November...

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