Legal Opinion

The Bank of Arizona, a Corporation v. National Surety Corporation, a Corporation

Court of Appeals for the Ninth Circuit

Decided October 5, 1956No. 14903PublishedCited by 12 opinions

1Opinion of the Court

BONE, Circuit Judge.

On this appeal we are called upon to determine the validity of conflicting claims to moneys paid by the Government pursuant to a contract. One claim is founded on an assignment to a surety contained in the application for a contract bond; the other founded on an assignment to a bank, given as consideration for moneys loaned to the contractor. The sequence of events makes their dates assume significance. For convenience parties here involved will be referred to as follows: National Surety Corporation as “Surety”; The Bank of Arizona as “Bank”; Dollar Construction Co., a…

2Cases cited22 opinions

  1. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
  4. McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
  5. Martin v. National Surety Co.Supreme Court of the United States · 1937

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

3Cited by12 opinions

  1. Leslie S. Bowden, Trustee in Bankruptcy for the Estate of Frank T. Hickey, Inc., Bankrupt, Twaits-Morrison-Knudsen-Macco, Morrison Knudsen Company, Inc., MacCo Corporation, Ford J. Twaits Co., Ford J. Twaits, Individually and as Trustee, Edna M. Twaits, Jane Twaits Lataillade, Carl H. Wittenberg and Carl H. Wittenberg, Jr., as Partners Associated in Business Under the Common Name and Style of Ford J. Twaits Co. And Fidelity & Deposit Company of Maryland v. United States of America for the Use of Emmett J. Malloy, United States of America for the Use of Emmett J. Malloy, Cross-Appellant v. Leslie S. Bowden, Trustee in Bankruptcy, Etc., Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1956
  2. Bowden v. United StatesCourt of Appeals for the Ninth Circuit · 1956
  3. American Fidelity Company, a Corporation, and New Hampshire Fire Insurance Company, a Corporation v. National City Bank of Evansville, a CorporationCourt of Appeals for the D.C. Circuit · 1959
  4. National Union Fire Insurance Company of Pittsburgh, Pa. v. The United States Terre Haute First National Bank, Third PartyCourt of Appeals for the First Circuit · 1962
  5. Gardiner Manufacturing Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1973

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