
    American Surety Company of New York v. Citizens Bank of Colquitt.
    No. 10207.
    June 12, 1935.
    Rehearing denied July 11, August 9, 1935.
    
      Martin, Martin & Snow and John T. Goree, for plaintiff in error.
    
      N. L. Stapleton and II. A. Wilkinson, contra.
   Hutcheson, Justice.

This case came before this court by writ of certiorari from the Coiu-t of Appeals of Georgia; and after argument it is considered and adjudged that the judgment of the Court of Appeals be

Affirmed.

All the Justices concur, ecocepl Russeil, G. J., and Athmson, J., %oho dissent.

ON SECOND MOTION EOR REHEARING.

The second motion for rehearing, and the motion to recall the remittitur after it had been transmitted to the Court of Appeals and after the remittitur from that court had been transmitted to the trial court, are denied.  