Court of Appeals for the Ninth Circuit August 24, 1925, No. 4490 (Fidelity & Deposit Co. v. Redfield)

GILBERT, Circuit Judge

(after stating the facts as above). Tbe principal contention of the surety company is that it was error to deny its motion for an instructed verdict in its f'a.vor. Upon some of the facts the evidence was conflicting. The defendant in error resided in California.