McCULLOUGH TRANSFER CO. v. VIRGINIA SURETY CO.

No. 11929.

213 F.2d 440 (1954)

McCULLOUGH TRANSFER CO. v. VIRGINIA SURETY CO., Inc.

United States Court of Appeals Sixth Circuit.

May 27, 1954.


Attorney(s) appearing for the Case

Charles J. Cole, Toledo, Ohio, for appellant.

Roger H. Smith, Toledo, Ohio, for appellee.

Before SIMONS, Chief Judge, MILLER, Circuit Judge, and FORD, District Judge.


MILLER, Circuit Judge.

Appellee, Virginia Surety Company, brought this action to recover from the appellant, McCullough Transfer Company, insurance premiums totalling $31,254.99, which it claimed were due and owing by the appellant under a Retrospective Premium Endorsement, forming part of a policy of motor vehicle liability insurance issued to the appellant.

Upon issuance of the policy by appellee on September 19, 1949, appellant paid $22,000 as a premium...

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