NATIONAL CITY BANK v. CONTINENTAL NAT. BANK & TRUST CO.

No. 1325.

83 F.2d 134 (1936)

NATIONAL CITY BANK OF NEW YORK et al. v. CONTINENTAL NAT. BANK & TRUST CO. OF SALT LAKE CITY.

Circuit Court of Appeals, Tenth Circuit.

April 8, 1936.


Attorney(s) appearing for the Case

Frank A. Johnson, of Salt Lake City, Utah (A. L. Hoppaugh and Robert E. Mark, both of Salt Lake City, Utah, on the brief), for appellants.

Beverly S. Clendenin, of Salt Lake City, Utah (Harold P. Fabian, of Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS and BRATTON, Circuit Judges, and KENNEDY, District Judge.


KENNEDY, District Judge.

The appellants, plaintiffs in the court below, brought this suit in equity seeking to impress a trust upon $30,000 deposited in the defendant bank, growing out of a fraud perpetrated upon the plaintiffs. Issue was joined by answer, and upon final hearing findings of fact and conclusions of law were filed and a decree entered in favor of the defendant, from which plaintiffs appeal.

A sketch of the pertinent facts disclosed by the record...

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