CITY OF OAKWOOD v. HARTFORD ACCIDENT & INDEMNITY CO.

No. 6878.

81 F.2d 717 (1936)

CITY OF OAKWOOD, OHIO, v. HARTFORD ACCIDENT & INDEMNITY CO.

Circuit Court of Appeals, Sixth Circuit.

February 14, 1936.


Attorney(s) appearing for the Case

Dean Schnacke, of Dayton, Ohio (William M. Matthews and Craighead, Cowden, Smith & Schnacke, all of Dayton, Ohio, on the brief), for appellant.

Murray Seasongood and Lester A. Jaffe, both of Cincinnati, Ohio (John B. Harshman, of Dayton, Ohio, Paxton & Seasongood, of Cincinnati, Ohio, and Pickrel, Schaeffer, Harshman & Young, of Dayton, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

Action by the City of Oakwood on a surety bond covering its public funds on deposit in the Union Trust Company of Dayton, Ohio, at the time of the bank's failure. On written waiver of jury trial the case was tried to the court, which rendered judgment against the city. The material facts are not in dispute, and the questions properly saved arise from assignments of error directed to the court's conclusions of law.

In accordance with statute...

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