Legal Opinion
Franklin Savings & Loan Co. v. American Employers Ins.
Court of Appeals for the Fifth Circuit
Decided October 31, 1938No. 8834PublishedCited by 6 opinions
1Opinion of the Court
SIBLEY,’Circuit Judge.
When the case was previously before us,. 5 Cir., 89 F.2d 224, a judgment on the fidelity 'bond involved was reversed because it did not appear that the plaintiffobligee, Franklin Savings and Loan Company, owed debts or was insolvent so as to make the' dividends which were declared out of capital assets to be misappropriations, and because so far as appeared a recovery would inure to the benefit of the stockholders who received the dividends. On ,a second trial it was shown that losses seriously impairing the capital had been incurred in each of the periods for which the.…
2Cases cited9 opinions
- McDonald v. WilliamsSupreme Court of the United States · 1899
- United States v. GilesSupreme Court of the United States · 1937
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Peoples Loan & Savings Co. v. Fidelity & Casualty Co.Court of Appeals of Georgia · 1929
- Carlisle v. OttleySupreme Court of Georgia · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fidelity and Deposit Company of Maryland v. Usaform Hail Pool, Inc., Etc.Court of Appeals for the Fifth Circuit · 1975
- Farmers & Merchants State Bank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1976
- Fidelity and Deposit Company of Maryland, Plaintiff-Appellant-Cross v. Usaform Hail Pool, Inc., Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1972
- J. S. Fraering, Inc. v. Employers Mutual Liability Insurance Co. Of WisconsinCourt of Appeals for the Fifth Circuit · 1957
- Fidelity & Deposit Co. of Md. v. USAFORM Hail Pool, Inc.District Court, M.D. Florida · 1970
1 more not listed; retrieve them via the Exa API.