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BALTIMORE TRUST CO. v. METROPOLITAN CASUALTY INS. CO.

3 F.Supp. 404 (1933)

BALTIMORE TRUST CO. v. METROPOLITAN CASUALTY INS. CO. OF NEW YORK.

District Court, D. Maryland.

April 29, 1933.

Attorney(s) appearing for the Case

G. Ridgely Sappington, of Baltimore, Md., for plaintiff.

Arthur W. Machen, Jr., and John Henry Lewin (of Armstrong, Machen & Allen), both of Baltimore, Md., for defendant.

CHESNUT, District Judge.

The demurrer to the declaration in this case presents the important, and apparently new, question of law, whether a surety bond given by a mortgage bond company to a trustee for its bondholders to guarantee to the trustee the payment of the amount of a particular mortgage, is assignable by the trustee to the purchaser of the mortgage where the latter is withdrawn from the trust by the mortgage company prior to any default by the mortgage company...

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