Degener v. Hartford Accident & Indemnity Co.

BUFFINGTON, Circuit Judge.

In a state court, Chaplin & Co. brought suit against the defendant insurance company to recover damages sustained by it for which defendant, as alleged, was liable on its indemnity bond given to the plaintiff. No facts being in dispute, the case was heard by the court on the plaintiff’s motion for judgment for want, as was alleged, of a sufficient affidavit of defense. After hearing, the court, in an opinion1 entered judgment for the defendant. Whereupon plaintiff took this appeal.

The pleaded pertinent facts are that plaintiff, a stock brokerage firm, was requested…