National Surety Corp. v. First Nat. Bank

GOURLEY, Chief Judge.

This matter comes before the Court on motion of defendants for judgment on the pleadings and/or summary judgment.

This proceeding originated as an action in replevin to recover West Penn Power Company bonds of the par value of $20,000. An indemnity bond was given in the sum of $40,000 by plaintiff, conditioned to maintain title to the bonds as against the defendants, and when the writ of ‘ replevin was served upon 'the First National Bank in Indiana it delivered to the United States Deputy Marshal the bonds in question. After the expiration of 72 hours the bonds were…