Bank of Waterproof v. Fidelity & Deposit Co.

BRYAN, Circuit Judge.

In the original opinion in this case we reviewed the evidence, and held that it did not sustain the conclusion of the trial court that the bank, the plaintiff in error, made a settlement, within the meaning of the bond sued on, with its defaulting cashier. Ori the contrary, we reached the conclusion from the whole evidence, which is undisputed, that such settlement had not been made. The judgment of the trial court was therefore reversed.

The position is taken in the petition for rehearing that the record as it is made up does not authorize this court as an appellate court…