#### United States Fidelity & Guaranty Company, appellee, v. William M. Le Moyne, appellant.

Gen. No. 26,900.

Action to recover expenditures for which defendant was obligated under a surety bond furnished to a railroad company upon construction of a switch. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in this court at the March term, 1921.

Affirmed.

Opinion filed April 3, 1922.

Seymour Edgerton and Thomas W. Prindeville, for appellant; William Sherman Carson, of counsel. Judah, Willard, Wolf & Reiehmann,t for appellee; A. F. Reiehmann and Arthur M. Cox, of counsel.

Mr. Justice MeSurely

delivered the opinion of the court.