AMERICAN SURETY CO. OF NEW YORK v. UNITED STATES, for Use of KENNARD et al.

AMERICAN SURETY CO. OF NEW YORK v. UNITED STATES, for Use of KENNARD et al. (Circuit Court of Appeals, Fifth Circuit. February 10, 1914.) No. 2561. In Error to the District Court of the United States for the Northern District of Florida; Wm. B. Sheppard, Judge. Action by the United States, for the use of E. S. Kennard and others, against the American Surety Company of Now York. Judgment for use plaintiffs, and defendant brings error. Affirmed. Robert E. Davis, of Gainesville, Fla., for plaintiff in error. Fred C. Cubberly, of Gainesville,- Fla., and Philip D. Beall, of Pensacola, Fla., for defendants in error. Before PARDEE and SHELBY, Circuit Judges, and GRUBB, District Judge. [MAJORITY — PER CURIAM.] PER CURIAM. In the rulings of the District Court on the pleadings and admission of evidence we find no reversible error. As the plaintiff’s evidence was uncontradicted, the trial judge properly directed a verdict. On the merits we affirm the judgment, bn the authority of Hill v. American Surety Co., 200 U. S. 197, 26 Sup. Ct. 168, 50 L. Ed. 437, and Title Guarantee & Trust Co. v. Crane Co., 219 U. S. 24, 32, 31 Sup. Ct. 140, 55 L. Ed. 72,