Legal Opinion

Board of Health v. Teutonia Bank & Trust Co.

Supreme Court of Louisiana

Decided April 26, 1915No. 21104PublishedCited by 7 opinions

Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Action by the Board of Health of the State of Louisiana against the Teutonia Bank & Trust Company, in liquidation, and others. From a judgment of dismissal, plaintiff appeals.

1Opinion of the CourtProvosty, J.

At the time of the failure of the defendant bank the plaintiff board was one of its depositors, and had a $10,000 bond for its security, upon which the American Surety Company, a codefendant herein, was surety. Its deposits amounted to $22,-211.91, plus a check for $14,000, which had been deposited, but not yet cashed. Payment of this check was stopped on news of the failure of the bank. The surety company offered to pay at once the $10,000, but on condition that the board should assign to it a like amount of its claim against the bank, and that any dividends that should be declared by the…

2Cases cited1 opinion

  1. State ex rel. Moore v. PerkinsSupreme Court of Louisiana · 1905

3Cited by7 opinions

  1. Big Diamond Mills Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1931
  2. Davis v. West Louisiana BankSupreme Court of Louisiana · 1924
  3. Maryland Casualty Co. v. FoutsCourt of Appeals for the Fourth Circuit · 1926
  4. Cole v. MyersNebraska Supreme Court · 1916
  5. Mississippi v. First Nat. Bank of GreenwoodCourt of Appeals for the Fifth Circuit · 1933

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