Tidewater Coal Exchange, Inc. v. New Amsterdam Casualty Co.

MORRIS, District Judge.

In this action of debt instituted by the Tidewater Coal Exchange, Incorporated, against New Amsterdam Casualty Company, upon three several indemnity bonds, a motion by the plaintiff to strike defendant’s equitable answer or defense was made and granted. (D. C.) 20 F.(2d) 951. The plaintiff has now demurred to the absque hoe plea, subsequently filed by the defendant to the breach first assigned in each of the counts of the declaration, namely, that Coale & Co., a member of the Exchange and the principal in the bonds, has not indemnified and saved harmless the Tidewater…