United States v. Glens Falls Indemnity Company

NOONAN, District Judge.

The plaintiff herein seeks to collect on a bond furnished by the defendant to guarantee the surrender of an alien for deportation.

The alien was not duly surrendered and the bond was declared breached. It was subsequently discovered, after extensive investigation had taken place, that the alien had “deported himself” approximately two weeks after the surrender date.

The plaintiff has moved herein for summary judgment on the basis of the fact that the defendant was obligated by its bond to surrender the defendant on demand, and that it failed so to do.

Ironically it should…