Baltimore Trust Co. v. Metropolitan Casualty Ins.

SOPER, Circuit Judge.

The Baltimore Trust Company, as the as-signee in its own right of a mortgage and a surety bond, given to insure the payment thereof, brought an action at law in the District Court against the Metropolitan Casualty Insurance Company of New York, as surety on the bond, alleging that there had been a default in the payment of the mortgage which the casualty company was obligated to make good. A demurrer to the declaration was sustained by the District Court, and judgment was given for the defendant therein. According to the allegations of the declaration, the surety bond, in…