United States v. Standard Accident Insurance Company

ALDRICH, Circuit Judge.

This case raises a very narrow issue. The sole question is whether the defendant’s plea of the statute of limitations was well taken. In the district court the facts were stipulated, and both parties moved for summary judgment. The court granted the defendant’s motion and the plaintiff appealed.

The defendant was a surety upon the bond of one Lt. Shaw, a disbursing officer of the United States Naval Reserve. In October 1948 a shortage was discovered in Shaw’s accounts. In December he was court-martialed and found to have embezzled $5,614. Pending review, his pay and…