JOHNSON, District Judge.
This is an action in assumpsit upon a surety bond issued by the defendant to protect plaintiff's deposit in the Miners Savings Bank & Trust Company of Olyphant, on account of an alleged default of the bank in refusing to pay the deposit upon demand. The case was tried before the court and a jury and a verdict rendered for plaintiff in the sum of $17,513.12. The defendant is now asking for a new trial and has assigned numerous reasons therefor...
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