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FIRST STATE BANK v. NEW AMSTERDAM CASUALTY CO.

No. 7974.

83 F.2d 992 (1936)

FIRST STATE BANK OF GUSTINE, TEX., v. NEW AMSTERDAM CASUALTY CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

June 4, 1936.

Attorney(s) appearing for the Case

Woodville J. Rogers, of San Antonio, Tex., for appellant.

Albert B. Hall, of Dallas, Tex., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was on a bank officer's bond and continuations given by White, its cashier, insuring plaintiff bank against embezzlement, wrongful abstraction, or willful misappropriation of its cash or securities. No written application was made for the bond nor were any oral representations made to obtain it. The defense was fraudulent concealment by the officers of the bank of conduct of White, to wit, misuse of the bank's funds which unfitted...

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