Ætna Casualty & Surety Co. v. Catskill Nat. Bank & Trust Co.

PATTERSON, District Judge.

The action is to recover from a bank for alleged participation in a breach of trust, One Betts, a lawyer in Catskill, New-York, *528was guardian of the property of three infants, James Birchett, Walter Birchett and Francis Birchett. He maintained deposit accounts for each infant with the defendant bank, these accounts standing in his name as guardian for the respective infants. He also had an individual deposit account with the bank. He died in May, 1934. Shortly after his death it came to light that he had embezzled large sums of money belonging to his wards. In the…