Independence Indemnity Co. v. Central Farmers' Trust Co.

DAVIS, Circuit Judge.

These are two eases between the same parties, involving the same question of law with slightly different facts.

Case No. 4574.

This is an appeal from a judgment entered for want of a sufficient affidavit of defense.

The N. E. Second Avenue Company of Miami, Fla., issued its bonds seemed by a first mortgage on certain lands which it owned, to the Biscayne Trust Company, as trustee for the bondholders. The defendant Independence Indemnity Company guaranteed the payment, principal and interest, of the bonds. The guaranty, among other things, provided that:

“First. The payment to…