Continental Casualty Company v. United States

ALDRICH, Circuit Judge.

This is a proceeding to forfeit a bail ■bond because of the non-appearance of the defendant. The defense is that defendant’s earlier leaving of the United 'States with the permission of the court was without the knowledge and assent •of the surety. If true, this is a valid defense. Reese v. United States, 1869, 9 Wall. 13, 76 U.S. 13, 19 L.Ed. 541; United States v. Vendetti, D.C.D.Mass., 1940, 33 F.Supp. 34. The court found “the facts against the surety, which now appeals. The sole basis of the appeal is that the evidence did not warrant the finding.

The evidence at the…