First National Bank v. Drovers' & Mechanics' National Bank
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin E. Keller, Judge. Action by the Drovers’ & Mechanics’ National Bank of Baltimore, Md., against tlie First National Bank of Sutton, W. Va., and its receiver. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
WOODS, Circuit Judge.
In January, 1914, H. PI. Dean became vice president of the First National Bank of Sutton, W. Va. In fraud of the bank and for his own benefit lie made his own note for $15,000 payable to the bank or order three months after date, and indorsed it in the name of the bank to the Drovers’ & Mechanics’ National Bank of Baltimore. The issue in this action brought by the Baltimore bank is whether the First National Bank is liable as indorser notwithstand*136ing Dean’s fraud. By consent the case was tried without a jury, and therefore the finding of the district judge in favor of the…
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