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MUNCIE BANKING CO. v. AMERICAN SURETY CO.

No. 10602.

200 F.2d 115 (1952)

MUNCIE BANKING CO. v. AMERICAN SURETY CO. OF NEW YORK.

United States Court of Appeals Seventh Circuit.

December 1, 1952.

Attorney(s) appearing for the Case

Walter D. White, John B. Beasley, Frank E. Gilkison, Jr., Muncie, Ind., for appellant.

Burke G. Slaymaker, Theodore L. Locke, Hugh E. Reynolds, Indianapolis, Ind., Slaymaker Locke & Reynolds, Indianapolis, Ind., of counsel, for appellee.

Before MAJOR, Chief Judge, and LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

The plaintiff, Muncie Banking Company, brought this action on a banker's blanket bond issued to it by the defendant, American Surety Company of New York, claiming that by cashing two checks on September 7, 1948, and September 13, 1948, respectively, the plaintiff had sustained a loss in the amount of $19,650.00 on account of "false pretenses" within the meaning of the bond. The complaint also alleged that: "Plaintiff has done and performed all...

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