Byrd v. Ross

STRUM, District Judge.

These are companion suits in equity, in which plaintiff's assert that First National Bank of Jasper fraudulently accepted general deposits from plaintiffs when said bank was known by its officers to be hopelessly insolvent. Because of such alleged fraud on the part of the bank, plaintiffs seek to rescind their contracts of deposit _and recover their deposits in full from the receiver upon the theory that the bank became a trustee ex maleficio.

The facts in the two cases are parallel, it being stipulated that all evidence offered by the parties shall be considered in both…