Murray v. American Surety Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Southern District of California. This was an action by Eli H. Murray, as receiver of the California Savings Bank of San Diego, against the American Surety Company of New York, upon two bonds of indemnity. The defendant demurred to the complaint, and the demurrer was sustained. 59 Fed. 345. Plaintiff then amended the complaint.
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In Error to the Circuit Court of the United States for the Southern District of California. This was an action by Eli H. Murray, as receiver of the California Savings Bank of San Diego, against the American Surety Company of New York, upon two bonds of indemnity. The defendant demurred to the complaint, and the demurrer was sustained. 59 Fed. 345. Plaintiff then amended the complaint. The defendant again demurred, and the demurrer was sustained. 61 Fed. 273. Plaintiff brings error.
1Opinion of the Court
HAWLEY, District Judge.
This .is an action at law to recover damages for the alleged breach of the condition of two certain bonds executed by the defendant in error to the California Savings Bank of San Diego, a corporation, to indemnify it against any pecuniary loss by it sustained by the fraud or dishonesty of its vice president and cashier. It was commenced in the state superior court of San. Diego county, and, upon motion of the defendant, was transferred to the United States circuit court.
The plaintiff in error was appointed receiver of the savings bank in a proceeding instituted by the…
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