National Surety Co. v. New Mexico ex rel. Sandoval County

LEWIS, Circuit Judge.

This is a suit on an indemnity bond, to reform it (which was not contested), for its breach and for damages. The bond was required of and given by the State National Bank at Albuquerque, as depositary of public moneys of the County of Sandoval, New Mexico; and appellant was its surety. Its conditions and obligations were these:

“The Condition of the Foregoing Obligation is Such, that whereas, the said Principal, in consideration of the receipt of certain moneys of the County of Sandoval in the State of New Mexico on deposit for safe keeping (the amount whereof shall be…