Town of Hamden v. American Surety Co.

SWAN, Circuit Judge.

This is an action by the Town of Ham-den to recover the penalty of an official bond for $65,000 executed by Carle Van de Bogart, treasurer of the town, as principal, and by the defendant as surety. The bond was conditioned upon the treasurer’s faithful performance of all the duties of his office for a term beginning October 5, -1931. The action was brought in a state court and was removed to the District Court on the ground of diverse citizenship. By stipulation a jury was waived. The case was tried to Judge Hincks, who made general findings in favor of the plaintiff on…