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EWEN v. AMER. FIDELITY CO.

No. 92.

261 U.S. 322 (1923)

43 S.Ct. 371

67 L.Ed. 677

EWEN v. AMERICAN FIDELITY COMPANY.

Supreme Court of United States.

Decided March 12, 1923.

Attorney(s) appearing for the Case

Mr. William R. Wilder, with whom Mr. Henry E. Davis and Mr. John Ewen were on the briefs, for petitioner.

Mr. Joseph M. Proskauer, with whom Mr. Abram I. Elkus and Mr. Wesley S. Sawyer were on the brief, for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is an action upon an undertaking to pay the amount of any judgment that might be recovered by one Mackey in a suit against the Illinois Surety Company, not exceeding $7,500 and interest, the contract being made by the present defendant in order to dissolve an attachment in that suit. That suit was begun in May, 1915, in New York. Mackey recovered a judgment for a much larger sum on June 21, 1919, and assigned...

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