Commercial Casualty Ins. Co. v. Lawhead

PARKER, Circuit Judge.

This is the second appeal in a suit instituted against the Commercial Casualty Insurance Company to recover on a bond executed to guarantee a deposit made by the Clarksburg Trust Company of Clarksburg, W. Va., in the Fayette City National Bank of Fayette City, Pa. For convenience we shall refer to the trust company as complainant, to the insurance company as the defendant, and to the Fayette City National Bank as the bank. The suit was originally instituted as an action at law, and verdict was directed for defendant. Upon appeal to this court, complainant contended that,…