DAVIS v. McNAIR

No. 5938.

48 F.2d 494 (1931)

DAVIS v. McNAIR.

Circuit Court of Appeals, Fifth Circuit.

April 14, 1931.


Attorney(s) appearing for the Case

George C. Bedell, of Jacksonville, Fla., and David R. Dunham, of St. Augustine, Fla., for appellant.

Frank D. Upchurch, of St. Augustine, Fla., for appellee.

Before FOSTER, HUTCHESON, and WALKER, Circuit Judges.


WALKER, Circuit Judge.

This is an appeal from a decree sustaining a motion to dismiss a bill in equity the allegations of which showed as follows: On July 8, 1929, the appellant, who is herein called plaintiff, had to his credit the sum of $35,062.74 on deposit in the savings department of the First National Bank of St. Augustine, Fla., which is herein referred to as the bank. On that day plaintiff went to the place of business of the bank and made known his desire...

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