Legal Opinion

Fidelity & Casualty Co. v. Key Biscayne Bank

Court of Appeals for the Fifth Circuit

Decided October 4, 1974No. 72-2545PublishedCited by 10 opinions

1Opinion of the Court

SIMPSON, Circuit Judge:

We review the dismissal below with prejudice of plaintiff Fidelity & Casualty’s suit to recover the value of stolen stock certificates, granted after full evi-dentiary hearing on the motions of the defendant Key Biscayne Bank and the third party defendant, Charles L. Lewis.1 The certificates were transferred to the Bank by Lewis as collateral for a loan. We conclude that the district court properly determined that the plaintiffs failed to rebut the Bank’s showing that it was a bona fide purchaser for value without notice of adverse claims and entitled to possession of…

2Cases cited8 opinions

  1. Murray v. LardnerSupreme Court of the United States · 1865
  2. Fed. Sec. L. Rep. P 94,794 James J. James v. George W. DubreuilCourt of Appeals for the Fifth Circuit · 1974
  3. Mason v. Public National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
  4. Trustees of the Internal Improvement Fund v. LewisSupreme Court of Florida · 1894
  5. Arnold J. Rodin, Inc. v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Fifth Circuit · 1973

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Charles G. Rebozo, Plaintiff-Appellant-Cross v. The Washington Post Company, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1981
  2. Oscar Gruss & Son v. First State Bank of Eldorado and Philip Kane and Ralph W. ChoiserCourt of Appeals for the First Circuit · 1978
  3. In the Matter of Legel, Braswell Government Securities Corp., Bankrupt. Westchester County Savings and Loan Association v. Legel, Braswell Government Securities Corp., Irving Trust Company v. Westchester County Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1981
  4. In the Matter of Samuels & Co., Inc., Bankrupt. Curtis R. Stowers v. James S. Mahon, Trustee, and C.I.T. CorporationCourt of Appeals for the Fifth Circuit · 1975
  5. United Independent Insurance Agencies v. Bank of HonoluluHawaii Intermediate Court of Appeals · 1986

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API