Legal Opinion

First Trust & Savings Bank of Zanesville, Ohio v. Fidelity-Philadelphia Trust Co

Court of Appeals for the First Circuit

Decided July 20, 1954No. 11238PublishedCited by 16 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This case presents the often recurring situation of two people who, doing busi ness in the ordinary course, have been fooled by a swindler. The swindler disappears or goes to jail. Which of the two parties is to bear the loss his ras-cality has occasioned?

The trial court made very full findings of fact on the history of the dealings among the parties and also the facts of the immediate transactions out of which this suit arose. Those extensive findings need not be repeated here. See D.C.E.D. Pa.1953, 112 F.Supp. 761.

Our set of operative facts gets down to this…

2Cases cited13 opinions

  1. Cady v. MurphyCourt of Appeals for the First Circuit · 1940
  2. Murphy v. CadyDistrict Court, D. Maine · 1939
  3. Newell v. RandallSupreme Court of Minnesota · 1884
  4. Maryland Casualty Co. v. National Bank of Germantown & Trust Co.Supreme Court of Pennsylvania · 1935
  5. Dean v. . DriggsNew York Court of Appeals · 1893

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

3Cited by16 opinions

  1. Haberman v. Washington Public Power Supply SystemWashington Supreme Court · 1988
  2. Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
  3. Levine v. Diamanthuset, Inc.Court of Appeals for the Ninth Circuit · 1991
  4. Lehigh Valley Trust Company v. Central National Bank of JacksonvilleCourt of Appeals for the Fifth Circuit · 1969
  5. Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1968

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

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