BANK OF COMMERCE v. UNITED STATES F. & G. CO.

No. 450.

54 F.2d 578 (1931)

BANK OF COMMERCE OF RALSTON, OKL., v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Tenth Circuit.

December 14, 1931.


Attorney(s) appearing for the Case

J. H. Maxey, of Tulsa, Okl. (Chas. A. Holden and Maxey, Holden & Holleman, all of Tulsa, Okl., and Leahy, Macdonald & Files, of Pawhuska, Okl., on the brief), for appellant.

Thomas H. Owen and Ned Looney, both of Oklahoma City, Okl. (Paul N. Lindsey, of Oklahoma City, Okl., and A. Camp Bonds, of Muskogee, Okl., on the brief), for appellee.

Before COTTERAL and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.


COTTERAL, Circuit Judge.

The United States Fidelity & Guaranty Company was compelled by judgment in a suit of J. O. Cales, guardian of Little Soldier, a minor Osage Indian, to pay its obligation as surety on the bond of L. L. Oller, the former guardian, for his default in accounting for the trust funds of that minor. The company brought this suit as subrogee against the Bank of Commerce, claiming it participated in the...

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