United States v. New Amsterdam Casualty Co.

BTNGHAM, Circuit Judge.

The opinion in this case was handed down on Jnne 5,1930. Since then a rehearing has been granted and the rehearing had.

As j)ointed out in that opinion, the. bond in question is a federal statutory bond for a fixed amount—one given to secure the government for the exact amount of estimated duties on the Dorin’s cargo. It would seem, therefore, that it is a penalty or forfeiture bond. If it is, and it having been found that it is iho defendant’s bond and that the condition has been broken, judgment would be for the full amount of the bond; which would not be subject to…