Atwood v. Fidelity & Deposit Co. of Maryland

DUFFY, Senior Circuit Judge.

This is a diversity suit brought by and on behalf of Richard W. Atwood, an Illinois incompetent (Richard), to recover $50,000 for alleged breaches of his Texas ancillary guardian’s bond. The defendant surety company, a Maryland corporation (Fidelity), was served with process in Illinois.

Alice B. Atwood is a sister of and the next-of-kin to Richard W. Atwood. Plaintiffs seek to recover the face amount of the surety bond plus interest and costs because of the alleged failure of guardian B. D. Tarlton to account for $84,321.64 received by him as such guardian.

The…