E. J. ALBRECHT CO. v. NEW AMSTERDAM CASUALTY CO.

No. 9210.

163 F.2d 16 (1947)

E. J. ALBRECHT CO. v. NEW AMSTERDAM CASUALTY CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 18, 1947.


Attorney(s) appearing for the Case

A. R. Peterson, Owen Rall and John R. Porter, all of Chicago, Ill., for appellant.

Hirsh E. Soble, of Chicago, Ill., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

Plaintiff brought an action for damages against New Amsterdam Casualty Company alleging breach of a construction sub-contract between plaintiff and William Dushney. The complaint was filed against New Amsterdam, because, as surety, it had executed a bond running to plaintiff, with Dushney as principal, for the faithful performance of the sub-contract. Dushney (also referred to as defendant and counterclaimant) thereupon moved and was granted...

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