National Surety Co. v. First Nat. Bank of Wetumpka

The suit is on what is known as a bank depository bond. The defendant denies liability upon the theory that, as to the fund on deposit other than the $1,500 check, there was no “proper legal order’’ therefor, as stipulated in the bond, which, it insists, should be strictly construed, and as to the $1,500 check that it was paid when the same was charged to plaintiff’s account by the Tallassee bank, and credited to its account with the First National Bank of Birmingham.

We are persuaded these insistences are untenable. In the first place, it may be noted the strict rule of construction contended…