American Surety Co. of New York v. American Mills Co.

ROSE, District Judge.

[1] The plaintiff seeks the cancellation of ^a bond given to the defendant by the Hartenfeld Bag Company as principal, and itself as surety, and an injunction against suits thereon. The three corporations concerned are of New York, Georgia, and Illinois, respectively, and will be herein severally called the “surety,” the “Mills,” and the “Bag Company.”

For seven years, ending in 1918, the former had bought secondhand bags from the latter, sometimes to the amount of $100,000 annually. Frequently, if not usually, payment had preceded delivery. In August, 1918, the Bag…