Legal Opinion

Brightwell v. First Nat. Bank of Kissimmee

Court of Appeals for the Fifth Circuit

Decided January 25, 1940No. 9291PublishedCited by 2 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The appeal is from a summary judgment for the defendant in a suit brought by the executors of Hurbert Fleming against First National Bank of Kissimmee for damages as for a conversion because of the Bank’s refusal to transfer on its books seventy-five shares of its stock. The case made by the petition supplemented by the uncontradicted affidavit of one of the ex.-ecutors is this: S. Y. Way in 1926 being the lessee of lands from Hurbert Fleming made a .bond of $10,000 to guarantee per*272formance of his obligations under the lease and secured it by delivering to Fleming the…

2Cases cited4 opinions

  1. Bank v. LanierSupreme Court of the United States · 1871
  2. H. E. Ploof Machinery Co. v. Fourth National BankSupreme Court of Florida · 1914
  3. Alta-Cliff Co. v. SpurwaySupreme Court of Florida · 1933
  4. Reichenbach v. McKeanSupreme Court of Pennsylvania · 1880

3Cited by2 opinions

  1. Seaman v. Clearwater Oaks BankDistrict Court of Appeal of Florida · 1985
  2. Brightwell v. First Nat. Bank of KissimmeeCourt of Appeals for the Fifth Circuit · 1941

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