District Court, N.D. Florida December 13, 1957, Civ. A. No. 632 (Carolina Casualty Insurance v. Atkinson)

DE VANE, Chief Judge.

Each party to this action has filed a motion for summary judgment, which has been extensively argued and briefed to the Court. Plaintiff relies on three theories of fraud for recovery in the case, viz., (1) actual fraud by misrepresentation at the time a supersedeas bond issued by plaintiff for Winston M.