Legal Opinion
Aetna Casualty & Surety Co. v. Eastern Trust & Banking Co.
Supreme Judicial Court of Maine
Decided May 17, 1960PublishedCited by 4 opinions
1Opinion of the CourtWilliamson, C. J.
This is a controversy between a surety and a bank over payments received by the bank as assignee of two construction contracts. The case is before us on appeal by the bank from a decree in equity establishing a trust in such payments to cover losses of the surety.
Under the familiar rule the case is heard anew on the record. Facts found by the sitting justice stand “unless shown to be clearly erroneous.” Andrews v. Dubeau et al., 154 Me. 254, 146 A. (2nd) 761, and cases cited. We are not of course precluded by the rule from finding additional facts on which to base our decision.
James M.…
2Cases cited5 opinions
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Martin v. National Surety Co.Supreme Court of the United States · 1937
- Boston & Maine Railroad v. Hannaford Bros.Supreme Judicial Court of Maine · 1949
- United States Cas. Co. v. First Nat. Bank of ColumbusDistrict Court, M.D. Georgia · 1957
- Andrew v. DubeauSupreme Judicial Court of Maine · 1958
3Cited by4 opinions
- General Motors Acceptance Corporation v. AnaconeSupreme Judicial Court of Maine · 1964
- Dole Company v. Aetna Casualty and Surety CompanyDistrict Court, D. Maine · 1967
- In Re DorseyUnited States Bankruptcy Court, D. Maine · 1993
- First National Bank of Bar Harbor v. United States, Department of Agriculture, Farmers Home Administration (In re Dorsey)United States Bankruptcy Court, D. Maine · 1993