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FIRST NAT. BANK & TRUST CO. v. NATIONAL SURETY CORP.

No. 3049.

25 F.Supp. 392 (1938)

FIRST NAT. BANK & TRUST CO. IN MINNEAPOLIS v. NATIONAL SURETY CORPORATION.

District Court, D. Minnesota, Third Division.

November 10, 1938.

Attorney(s) appearing for the Case

Stiles & Stiles and F. J. Donahue, all of Minneapolis, Minn., for plaintiff.

Doherty, Rumble, Butler, Sullivan & Mitchell, of St. Paul, Minn., for defendant.

NORDBYE, District Judge.

A discussion of the legal issues requires a rather complete statement of the factual situation. In February, 1927, Harris P. Stone died, and on April 1, 1927, one Weinstock was appointed administrator of his estate. He qualified and filed a bond in the sum of $25,000 furnished by the National Surety Company. Thereafter, he took possession of the estate, and in May, 1928, filed his final account, reporting in addition to the real estate personal...

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