BYRD v. ROSS

Nos. 734, 733.

58 F.2d 377 (1932)

BYRD v. ROSS et al. (two cases).

District Court, S. D. Florida, Jacksonville Division.

April 15, 1932.


Attorney(s) appearing for the Case

A. P. Rivers and J. B. Hodges, both of Lake City, Fla., for plaintiffs.

John F. Harrell, of Live Oak, Fla., and Doggett, McCollum, Howell & Doggett, of Jacksonville, Fla., for defendants.


STRUM, District Judge.

These are companion suits in equity, in which plaintiffs assert that First National Bank of Jasper fraudulently accepted general deposits from plaintiffs when said bank was known by its officers to be hopelessly insolvent. Because of such alleged fraud on the part of the bank, plaintiffs seek to rescind their contracts of deposit and recover their deposits in full from the receiver upon the theory that the bank became a trustee ex maleficio...

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