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United States Fidelity Guaranty Co. v. U.S.

Circuit Court of Appeals, Fourth Circuit
Jun 8, 1926
12 F.2d 1021 (4th Cir. 1926)

Opinion

No. 2369.

June 8, 1926.

In Error to the District Court of the United States for the District of Maryland, at Baltimore; Morris A. Soper, Judge.

L.B. Keene Claggett, of Baltimore, Md. (Edgar Allan Poe and Bartlett, Poe Claggett, all of Baltimore, Md., on the brief), for plaintiff in error.

George Ross Veazey, of Baltimore, Md. (Vernon Cook, of Baltimore, Md., on the brief), for Fidelity Casualty Co., of New York, by permission of the Court.

A.W.W. Woodcock, U.S. Atty., and Morton P. Fisher, Asst. U.S. Atty., both of Baltimore, Md.

Before WOODS, WADDILL, and ROSE, Circuit Judges.


The bond in suit in this case was that given by one holding a permit to sell distilled spirits and wines for other than beverage purposes. It was on form No. 1408. In the court below, the learned District Judge ruled that the government was entitled to recover the full penalty of the bond without proving anything other than the violation of the condition. Very recently the Supreme Court has held otherwise, in the case of the United States v. Zerbey and the National Surety Co., 46 S. Ct. 532, 70 L. Ed. ___, decided May 24, 1926.

Reversed.

Judge WOODS died shortly after the argument before us.


Summaries of

United States Fidelity Guaranty Co. v. U.S.

Circuit Court of Appeals, Fourth Circuit
Jun 8, 1926
12 F.2d 1021 (4th Cir. 1926)
Case details for

United States Fidelity Guaranty Co. v. U.S.

Case Details

Full title:UNITED STATES FIDELITY GUARANTY COMPANY, Plaintiff in Error, v. UNITED…

Court:Circuit Court of Appeals, Fourth Circuit

Date published: Jun 8, 1926

Citations

12 F.2d 1021 (4th Cir. 1926)

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