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LEWIS v. FIDELITY CO.

No. 802.

292 U.S. 559 (1934)

LEWIS, RECEIVER, v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Supreme Court of United States.

Decided June 4, 1934.

Attorney(s) appearing for the Case

Messrs. Wallace Miller and George P. Barse, with whom Messrs. Samuel H. Wiley, John F. Anderson, and F.G. Awalt were on the brief, for petitioner.

Mr. Max F. Goldstein, with whom Mr. Arthur G. Powell was on the brief, for respondent.

By leave of Court, Messrs. F.G. Awalt and George P. Barse filed a brief on behalf of the Comptroller of the Currency, as amicus curiae.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Under statutes of Georgia, in force since 1879, a bank, state or national, may be appointed depository of state funds. To qualify it must give a bond for the faithful performance of its duty. A bond with surety creates a lien on all the bank's assets, both those held at the time of the execution of the bond and those subsequently acquired.1

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