J.E. Mamiye & Sons, Inc. v. The Fidelity Bank v. Commonwealth Marine and General Assurance Co., Ltd

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this action founded in negligent misrepresentation and estoppel, the plaintiff, J.E. Mamiye & Sons, Inc. (“Mamiye”), appeals from an order entering summary judgment in favor of the defendant, Fidelity Bank (“Fidelity”).

Mamiye obtained a judgment against the Commonwealth Marine and General Assurance Co., Ltd. (“Commonwealth Marine”). Mamiye then served interrogatories in attachment upon Fidelity as garnishee. Fidelity initially indicated that it held two Commonwealth Marine checking accounts, but later disclosed that it serviced a third account —…