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PEOPLE v. HARBIN

Docket No. 77-2072.

88 Mich. App. 341 (1979)

276 N.W.2d 607

PEOPLE v. HARBIN. IN THE MATTER OF INTERNATIONAL FIDELITY INSURANCE COMPANY.

Michigan Court of Appeals.

Decided February 5, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and David R. Lady, Assistant Prosecuting Attorney, for the people.

Norman L. Zemke and Peter J. Lyons, for International Fidelity Insurance Company.

Before: V.J. BRENNAN, P.J., and ALLEN and P.F. O'CONNELL, JJ.

V.J. BRENNAN, P.J.

The case at bar presents one pertinent inquiry not heretofore addressed in this state. We must decide the force and effect of a bail bond provision which allows the surety's discharge without delivery of the principal.

The facts giving rise to this appeal are relatively straightforward. On December 14, 1974, International Fidelity Insurance Co., Inc., (hereafter International) filed a bail bond recognizance assuring the appearance of Walter...

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