WILSON, Circuit Judge.
This is an action of tort to recover losses sustained by the plaintiff by reason of having become surety on a bond in the name of John F. Kennedy as principal to ensure the completion of a highway construction contract between Kennedy and the commonwealth of Massachusetts.
The allegations of the plaintiff's declaration filed in court with its writ are: That in October, 1931, the defendant, Kennedy, and one Terrell M. Ragan, now deceased...
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