EARLY & DANIEL CO. v. PEARSON

Nos. 5663, 5659, and 5737.

36 F.2d 732 (1929)

EARLY & DANIEL CO. v. PEARSON. PEARSON v. SUMMEY & TOLSON. FARMERS' NAT. BANK OF MONTICELLO et al. v. PEARSON.

Circuit Court of Appeals, Fifth Circuit.

December 19, 1929.


Attorney(s) appearing for the Case

In No. 5663:

Pope F. Brock, of Macon, Ga. (Brock, Sparks & Russell, of Macon, Ga., on the brief), for appellant.

Scott Russell, of Macon, Ga. (Jones, Jones, Johnston & Russell, of Macon, Ga., on the brief), for appellee.

In No. 5659:

Scott Russell and George S. Jones, both of Macon, Ga., and George P. Barse, of Washington, D. C. (Jones, Jones, Johnston & Russell, of Macon, Ga., on the brief), for appellant.

Robert T. Jones Jr., of Atlanta, Ga. (Jones, Evins, Powers & Jones, of Atlanta, Ga., on the brief), for appellee.

In No. 5737:

Harry S. Strozier and Orville A. Park, both of Macon, Ga., R. L. Williams Jr., of Forsyth, Ga., and L. A. Wilson, John W. Bennett, and L. E. Pedrick, all of Waycross, Ga., for appellants.

Scott Russell, of Macon, Ga. (Jones, Jones, Johnston & Russell, of Macon, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

These three suits arose out of the failure of the Fourth National Bank of Macon, Ga., and may be disposed of in a single opinion. The bank, herein sometimes called the Macon Bank, failed and a receiver was appointed on November 26, 1928. The first two suits were brought against the receiver only, while in the third the appellants, as well as the receiver, were made parties defendant to a bill of interpleader...

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