Insurance Company of North America v. Northampton National Bank

BAILEY ALDRICH, Senior Circuit Judge.

This is an action brought by Insurance Company of North America (INA), surety for a general contractor, M.I. O’Connor, Inc., against Northampton National Bank of Springfield, Massachusetts, to recover the amount of O'Connor's general deposit account at the time that the bank set off the account against O’Connor’s overdue loan. The account consisted of part of the proceeds of a progress payment paid to O’Connor by the Wing Memorial Hospital Association for work done in August, and deposited on October 6, 1971. INA contends that by virtue of its contract…