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AMERICAN SURETY CO. OF NEW YORK v. BALDWIN

No. 6066.

90 F.2d 708 (1937)

AMERICAN SURETY CO. OF NEW YORK v. BALDWIN.

Circuit Court of Appeals, Seventh Circuit.

June 23, 1937.

Attorney(s) appearing for the Case

Burke G. Slaymaker, Hugh E. Reynolds, and Slaymaker, Merrell & Locke, all of Indianapolis, Ind., for appellant.

George W. Henley, of Bloomington, Ind., for appellee.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Appellant, defeated in its suit to secure priority over the other creditors of the Spencer National Bank, of which appellee is receiver, upon its claim for $5,035.49, contends that the court erred in not entering judgment as prayed.

Appellant was surety upon the bond of one H. W. Johnson as treasurer of the School Town of Spencer, Ind. As such official he deposited the school funds in the bank...

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