Miller Rubber Co. of New York v. Massey

EVAN A. EVANS, Circuit Judge.

Appellant prosecutes this appeal to review a decree wherein it was enjoined from proceeding with the collection of a judgment hy it obtained against appellees and others. The judgment, the stay of which was commanded, was predicated upon a surety contract running to appellant.

The equity suit was grounded upon two contentions: (a) Appellees were prevented from appearing at the trial of the law action through fraud practiced upon them, (b) Appellees had a meritorious defense to the action on the surety contract.

The facts: Massey-Pfundstein Company, a corporation,…