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MARYLAND CASUALTY CO. v. CITY NAT. BANK

Nos. 5015, 5016.

29 F.2d 662 (1928)

MARYLAND CASUALTY CO. v. CITY NAT. BANK. CITY NAT. BANK v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Sixth Circuit.

December 13, 1928.

Attorney(s) appearing for the Case

J. H. Anderson, of Knoxville, Tenn. (Anderson & Word, of Knoxville, Tenn., on the brief), for Maryland Casualty Co.

John W. Green and J. A. Fowler, both of Knoxville, Tenn. (Green, Webb & Bass, Lindsay, Young & Young, Fowler & Fowler, John K. Shields, and Robert S. Young, all of Knoxville, Tenn., on the brief), for City Nat. Bank.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

J. Parnick Smith was trustee of Knox county, Tennessee, from September 1, 1922, to September 1, 1926. He was the custodian, as such trustee, of certain county funds, and he maintained two deposit accounts in the City National Bank of Knoxville — a personal account and one as trustee. In his personal account he deposited his salary as trustee and the income he received from a mercantile business which he operated in Knoxville. The

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