Walsh Const. Co. v. United States Guarantee Co.

FARIS, Circuit Judge.

Heretofore, the appellant, as plaintiff therein, sued defendant at law on a bond *241which guaranteed payment of money deposited by appellant in the American Commercial & Savings Bank, of Davenport, Iowa, which had failed, owing appellant a large sum, held in a savings account. In that suit, which we shall call the first suit, appellant had judgment for the full amount of the bond, plus interest and costs. This first suit was tried to a jury; but, at the close of the trial, both parties moved the court for a directed verdict. Thereupon the jury was discharged, and…