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STATE v. BIRKINS

78 A.2d 868 (1951)

STATE, to the Use of MILLS et al. v. BIRKINS et al.

Court of Chancery of Delaware, New Castle County.

March 1, 1951.

Attorney(s) appearing for the Case

John S. Walker and Frank J. Miller, Wilmington, for plaintiffs.

Stewart Lynch and Florence E. Freeman, Wilmington, for defendant bonding company.

SEITZ, Vice Chancellor.

The sole question presented is the right of successful plaintiffs to recover reasonable attorneys' fees under the terms of a lost securities bond.

The case arises in this way. Money due some 28 stockholders, inter alia, in a receivership liquidation was deposited to their credit in the Farmers Bank. Subsequently an alleged assignee of those 28 stockholders applied to the Court for payment of the money. The assignee was required to file...

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