BALTIMORE & O. R. CO. v. SMITH

No. 4675.

56 F.2d 799 (1932)

BALTIMORE & O. R. CO. et al. v. SMITH et al.

Circuit Court of Appeals, Third Circuit.

March 10, 1932.


Attorney(s) appearing for the Case

William Booth, Allen T. C. Gordon, Smith, Buchanan, Scott & Gordon, and C. Roscoe Hoffman, all of Pittsburgh, Pa., for appellants.

Henry E. Hackney and Shelby, Hackney & Ray, all of Uniontown, Pa., for appellees.

Before DAVIS, Circuit Judge, and DICKINSON and AVIS, District Judges.


DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court holding that it was against public policy for a national bank to pledge its assets to secure the deposits of a private depositor.

On February 23, 1928, the Baltimore & Ohio Railroad Company, hereinafter called the "railroad," had on deposit in the First National Bank of Connellsville, Pa., $30,593.39. On that day an agreement was entered into between the bank and the railroad whereby...

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