CONGER, District Judge.
This is an action at law to recover $7,500 deposited with defendant to secure defendant on a bond executed by it as surety.
The case was tried to the court without a jury.
On or about November 20, 1939 an application was made to defendant for a surety bond. The application was signed by Captain Ant. Babarovic by the plaintiff as attorney in fact.
To secure itself defendant required a deposit of $7,500. The check of Simpson...
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