Legal Opinion
American Surety Co. v. Bethlehem Nat. Bank
District Court, E.D. Pennsylvania
Decided March 6, 1940No. 514PublishedCited by 6 opinions
1Opinion of the Court
KIRKPATRICK, District Judge.
This is a suit by the surety upon a bond, given by the now insolvent Bethlehem National Bank as security for the deposit of the Commonwealth of Pennsylvania, to recover dividends declared by the receiver. The right of the plaintiff to dividends is not disputed, but the amount is. The point at issue is the basis for the dividend, that is, the amount of the claim upon which it should be calculated and paid.
The case came before the Court upon a motion to dismiss, but, inasmuch as it ap-peared at the argument that no facts were in dispute, the parties filed a…
2Cases cited5 opinions
- Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
- Piedmont Coal Co. v. HusteadCourt of Appeals for the Third Circuit · 1923
- Maryland Casualty Co. v. CoxCourt of Appeals for the Sixth Circuit · 1939
- Mellette Farmers' Elevator Co. v. H. Poehler Co.District Court, D. Minnesota · 1927
- Ward v. First Nat. Bank of CaruthersvilleCourt of Appeals for the Eighth Circuit · 1935
3Cited by6 opinions
- American Surety Co. v. Bethlehem National BankSupreme Court of the United States · 1941
- Mutual Trust Life Insurance Company v. WemyssDistrict Court, D. Maine · 1970
- Anderson v. General American Life Ins.Court of Appeals for the Sixth Circuit · 1944
- Maryland Casualty Company v. BrownDistrict Court, N.D. Georgia · 1971
- American Surety Co. v. Bethlehem Nat. BankCourt of Appeals for the Third Circuit · 1940
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