State Ex Rel. Sidenfaden v. United States Fidelity & Guaranty Co.

MAJOR, Chief Judge.

This suit, commenced by the filing of the complaint in the Superior Court of Cook County, Illinois, on July 7, 1949, was removed, on motion of the defendant, to the United States District Court for the Northern District of Illinois, Eastern Division. The District Court, on June 15, 1951, entered judgment dismissing the complaint with prejudice on two grounds, (1) that the plaintiff did not have a right to sue on the bonds declared upon, inasmuch as plaintiff was not named as an obligee therein and that the bonds were not given for his use or benefit, and (2) that in any…