Gardner v. United States Fidelity & Guaranty Co.

COTTERAL, Circuit Judge.

The appellee company sued Gardner, the appellant, on two causes of action, one of them for damages on an indemnity contract against loss as surety on a railroad construction bond, and the other for premiums on numerous bonds. The appellant defended by answer and a counterclaim. A trial was had to a jury at Durant, Okl., and resulted in a directed verdict for the company. Later a judgment was rendered thereon at Muskogee, Okl. Gardner has appealed, assigning errors in the trial proceedings. The ease has been submitted on the merits and on objection to a consideration of…