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FIDELITY & DEPOSIT CO. v. HIGHLAND TRUST & SAVINGS BANK

Nos. 5254, 5260.

44 F.2d 697 (1930)

FIDELITY & DEPOSIT CO. OF MARYLAND et al. v. HIGHLAND TRUST & SAVINGS BANK et al. HIGHLAND TRUST & SAVINGS BANK et al. v. FIDELITY & DEPOSIT CO. OF MARYLAND et al.

Circuit Court of Appeals, Sixth Circuit.

November 18, 1930.

Attorney(s) appearing for the Case

Floyd Estill and Vaughn Miller, both of Chattanooga, Tenn. (Miller, Miller & Martin and Strang & Fletcher, all of Chattanooga, Tenn., on the brief), for Fidelity & Deposit Company and others.

J. B. Sizer, of Chattanooga, Tenn. (Sizer, Chambliss & Sizer and R. A. Cogswell, all of Chattanooga, Tenn., on the brief), for Highland Trust & Savings Bank.

Joe V. Williams and Joe Brown, both of Chattanooga, Tenn., for Whitice.

Before DENISON and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.

DENISON, Circuit Judge.

Three surety companies were sureties on the official bond of W. A. Whitice, county court clerk at Chattanooga. In January, 1925, it was discovered that he was officially "short" some $60,000, as to public funds belonging, respectively, to state and county. The sureties made good the shortage to the state, and then, by virtue of their right of subrogation, filed this bill in equity against the Highland bank to enforce its alleged liability ...

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