Legal Opinion

American Surety Co. v. First Nat. Bank

District Court, N.D. West Virginia

Decided April 30, 1943No. 12PublishedCited by 6 opinions

1Opinion of the Court

HARRY E. WATKINS, District Judge.

As surety upon the bond of Clyde C. Ware, trustee in bankruptcy, plaintiff seeks to recover from the defendant bank the sum of $4,843.62, the amount which it was required to and did pay for the default of such trustee. Upon an agreed statement of facts, supplemented by oral testimony, the case was submitted to the court for decision in lieu of a jury.

The theory upon which defendant’s alleged liability is predicated is as follows : That the bank permitted the trustee to deposit checks payable to him as trustee in bankruptcy to his personal account in such bank,…

2Cases cited20 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
  3. Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
  4. Grace v. Corn Exchange Bank Trust Co.New York Court of Appeals · 1941
  5. United States Fidelity & Guaranty Co. v. People's BankTennessee Supreme Court · 1913

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3Cited by6 opinions

  1. Florida Trailer & Equipment Co. v. DealCourt of Appeals for the Fifth Circuit · 1960
  2. Florida Trailer And Equipment Company v. Wiley R. DealCourt of Appeals for the Fifth Circuit · 1960
  3. Koss Corporation v. Park BankWisconsin Supreme Court · 2019
  4. First Nat. Bank v. American Surety Co.Court of Appeals for the Fourth Circuit · 1945
  5. Koss Corporation v. Park BankWisconsin Supreme Court · 2019

1 more not listed; retrieve them via the Exa API.

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