Lewis' Admr. v. United States Fidelity & Guaranty Co.

Opinion op the Court bt

Judge Lassing

— Affirming.

The question raised upon this appeal is, may a surety upon a distiller’s bond, who has been compelled to pay *426to the government money for its principal, he subrogated to the rights of the government, and subject the property which was in lien to the government in satisfaction of its debt? The lower court held that the surety was entitled to this right. It is insisted that this ruling is. wrong, for the two-fold reason, first, that section 3465 of the Federal Statute in express terms denies to a surety upon a distiller’s bond the right of…