Ketterer v. United States Fidelity & Guaranty Co.

SIMONS, Circuit Judge.

The United States Fidelity & Guaranty Company as surety on the bond of a county treasurer in Pennsylvania having reimbursed the county for loss of funds on deposit with the now defunct Citizens National Bank of Ellwood City, Pa., sought to impress an equitable lien on securities of the insolvent bank pledged with a Cleveland bank to secure loans. The right of the surety to be subrogated to the claim of the treasurer is conceded. The Cleveland bank being a necessary defendant, suit was begun in an Ohio court, and upon its removal to the court below the Pennsylvania bank’s…