Legal Opinion
American Employers Ins. v. Franklin Savings & Loan Co. of Macon
Court of Appeals for the Fifth Circuit
Decided April 9, 1937No. 8302PublishedCited by 4 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
A jury being waived, this case was tried by the judge. The record presents a very narrow inquiry. It relates to the liability of a surety for alleged losses sustained by a corporate employer through the payment to shareholders of dividends from capital assets derived from the sale of stock, when there had been no net earnings. Final judgment was rendered for the face of the bond, and the surety appeals. We are limited to an examination of the findings of *225fact and conclusions of law announced1 by the trial court, since the evidence is not before us.
The Franklin Savings &…
2Cases cited5 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- United States v. BrittonSupreme Court of the United States · 1883
- McDonald v. WilliamsSupreme Court of the United States · 1899
- Mangham v. StateCourt of Appeals of Georgia · 1912
3Cited by4 opinions
- Franklin Savings & Loan Co. v. American Employers Ins.Court of Appeals for the Fifth Circuit · 1938
- Bancroft v. TaylorCourt of Appeals for the Fifth Circuit · 1937
- In re American Employers Ins.Court of Appeals for the Fifth Circuit · 1937
- Young v. Railroad Retirement BoardCourt of Appeals for the Seventh Circuit · 1946