McNAIR v. OESTERREICHER

No. 6605.

63 F.2d 876 (1933)

McNAIR v. OESTERREICHER.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 1, 1933.


Attorney(s) appearing for the Case

Frank D. Upchurch, of St. Augustine, Fla., and Kenneth I. McKay, of Tampa, Fla., for appellant.

J. T. G. Crawford and Philip S. May, both of Jacksonville, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

From a decree awarding appellee a specific claim to the extent of $1,326 on the cash funds of the failed First National Bank of St. Augustine, the receiver appeals. The money appellee got judgment for was the proceeds of a certificate of deposit which had been cashed for appellee, by one of its officers, in whose hands it was, on the day of and about an hour before, the suspension of the bank.

Appellant insists that the cashing came...

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