CAROLINA CASUALTY INSURANCE COMPANY v. ATKINSON

Civ. A. No. 632.

157 F.Supp. 14 (1957)

CAROLINA CASUALTY INSURANCE COMPANY, Plaintiff, v. Clyde W. ATKINSON, Defendant.

United States District Court N. D. Florida, Tallahassee Division.

December 13, 1957.


Attorney(s) appearing for the Case

W. J. Oven, Jr., S. Gunter Toney, Tallahassee, Fla., for plaintiff.

Donald O. Hartwell, Tallahassee, Fla., for defendant.


DE VANE, Chief Judge.

Each party to this action has filed a motion for summary judgment, which has been extensively argued and briefed to the Court. Plaintiff relies on three theories of fraud for recovery in the case, viz., (1) actual fraud by misrepresentation at the time a supersedeas bond issued by plaintiff for Winston M. Reynolds, a convicted felon in this Court, was procured in October, 1954, (2) constructive fraud...

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