Fidelity & Casualty Co. v. Farmers' & Merchants' Bank

Opinion of the Court by

Judge Willis

Affirming.

This action was instituted in the court below by the-Fidelity & Casualty Company of New York for the purpose of obtaining a judgment awarding it priority in the distribution of the assets of an insolvent state bank. The-suit is grounded upon a claim that the appellant is subrogated to the rights of a guardian, for whom it was surety, and by reason of which suretyship it was compelled to-pay to the wards the sum of $17,277.83, which had been lost by the guardian through the failure of the bank. The-assumed right to which appellant -claims…