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AMERICAN SURETY COMPANY v. MORTON

No. 13787.

311 F.2d 222 (1962)

AMERICAN SURETY COMPANY, a Corporation, Plaintiff-Appellant, v. Herman MORTON, Aaron Karchmer, and Charles Gross, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 9, 1963.

Attorney(s) appearing for the Case

John P. Wham, Charles Wham, Wham & Wham, Centralia, Ill., for plaintiff-appellant.

Hugh V. Murray, Jr., Centralia, Ill., Joseph H. Goldenhersh, Goldenhersh & Goldenhersh, East St. Louis, Ill., Murray & Stephens, William C. Stephens, Centralia, Ill., for defendants-appellees.

Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.

HASTINGS, Chief Judge.

American Surety Company (appellant) brought this action to recover $6,126.94 from defendants Morton, Karchmer and Gross (appellees), which amount plaintiff had been called upon to pay as the stipulated balance of delinquent premium account of R. F. Niblo, Inc., an insurance agency, accruing to The Travelers Companies.

In discharge of its obligation as a surety, plaintiff paid this amount to Travelers. In consideration of such payment...

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