United States Guarantee Co. v. Hamilton Nat. Bank

*145Both parties have filed petition for certiorari and have raised questions that are of importance to both banks and depositors. Because of the importance of these questions, we have heretofore granted both petitions for certiorari. The determinative questions are: (1) Is a paid surety, who discharges its obligations to its obligee, precluded from the right of action which the obligee had against a third party (for the wrongful acts of the third party) when the surety pays the loss of the obligee and takes an assignment therefor? (2) To what extent must a depositor in a bank examine his…