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AM. SURETY CO. v. SHULZ

No. 643.

237 U.S. 159 (1915)

35 S.Ct. 525

59 L.Ed. 892

AMERICAN SURETY COMPANY OF NEW YORK v. SHULZ.

Supreme Court of United States.

Decided April 5, 1915.

Attorney(s) appearing for the Case

Mr. Charles F. Carusi, with whom Mr. Henry C. Wilcox, Mr. Walter B. Grant and Mr. Joseph M. Gazzam were on the brief, for plaintiff in error.

Mr. Abram J. Rose, with whom Mr. Alfred C. Pette and Mr. Philip M. Brett were on the brief, for defendant in error.

MR. JUSTICE LAMAR delivered the opinion of the court.

Shultz brought suit in a New York court against Whitcomb for breach of contract. The case was removed to the United States District Court for the Southern District of New York, where the plaintiff recovered a judgment for $25,000. The defendant, Whitcomb, in order to take the case to the Circuit Court of Appeals, gave a superseders bond for $30,000, with the American Surety...

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