Chain v. Wilhelm

SOPER, Circuit Judge.

The crucial question to be determined in this case is whether the obligation of an individual surety upon a depository bond given by a bank to secure the repayment of funds deposited by trustees in bankruptcy expires, with the death of the surety. On July 30, 1924, the Kingwood National Bank of Kingwood, W. Va., as principal, and George A. Herring and James W. Flynn, both of the same place, as sureties, executed a bond under seal in the sum of $5,000, to the United States, for the payment of which they bound themselves, their heirs, executors, successors, and assignees,…