CITIZENS' & SOUTHERN BANK v. FAYRAM

No. 5080.

21 F.2d 998 (1927)

CITIZENS' & SOUTHERN BANK v. FAYRAM.

Circuit Court of Appeals, Fifth Circuit.

October 28, 1927.


Attorney(s) appearing for the Case

Philip H. Alston, of Atlanta, Ga. (Alston, Alston, Foster & Moise, of Atlanta, Ga., on the brief), for appellant.

Cam D. Dorsey and Chas. B. Shelton, both of Atlanta, Ga. (Dorsey, Shelton & Dorsey, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is an appeal from a decree rejecting the appellant bank's claim of right to set off a deposit against the depositor's indebtedness to it, and holding appellant liable to appellee as beneficial owner of the balance of such deposit.

Frederick Fayram intrusted his agent, Ben. D. Watkins, to collect the amount due on a mortgage, with instructions to pay the proceeds to D. C. Erwin for another investment. In pursuance of these instructions...

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