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AMER. MILLS CO. v. AMER. SURETY CO.

No. 118.

260 U.S. 360 (1922)

43 S.Ct. 149

67 L.Ed. 306

AMERICAN MILLS COMPANY v. AMERICAN SURETY COMPANY OF NEW YORK.

Supreme Court of United States.

Decided December 11, 1922.

Attorney(s) appearing for the Case

Mr. Henry Uttal for petitioner.

Mr. Wm. Marshall Bullitt, with whom Mr. Henry C. Willcox and Mr. Allan C. Rowe were on the brief, for respondent.

MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.

This case involves a question of procedure and turns on the construction of Equity Rule 30. An understanding of the point at issue requires a statement of the facts and the course of the litigation.

In September, 1918, the Hartenfeld Bag Company, which was in a failing condition, owed the American Mills Company, the petitioner, about $22,000, which it was unable to pay. The Mills Company and the Bag...

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