Fidelity & Deposit Co. v. Aberdeen Nat. Bank & Trust Co.

NORDBYE, District Judge.

The Fidelity and Deposit Company of Maryland appeals from the judgment dismissing with prejudice the above-entitled action and awarding costs and disbursements to the appellee. The parties will be referred to as in the trial court.

The plaintiff is engaged in the business of writing fidelity and surety bonds. The defendant is a national bank located at Aberdeen, South Dakota. Since January 10, 1927, one Marie Brown had been Treasurer of the City of Aberdeen, and since February 8, 1927, Treasurer of the School District of this City. The defendant bank was one of the…