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CONNECTICUT FIRE INS. CO. v. COMMERCIAL NAT. BANK

No. 8047.

87 F.2d 968 (1937)

CONNECTICUT FIRE INS. CO. v. COMMERCIAL NAT. BANK OF SAN ANTONIO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1937.

Attorney(s) appearing for the Case

Maurice E. Purnell, of Dallas, Tex., for appellant.

M. J. Arnold and Harold K. Stanard, both of San Antonio, Tex., for appellee.

Before SIBLEY and HOLMES, Circuit Judges, and STRUM, District Judge.

SIBLEY, Circuit Judge.

The plaintiff-appellant, Connecticut Fire Insurance Company, sued Commercial National Bank of San Antonio for three $5,000 Liberty bonds which had been stolen from the mails in Chicago and which by subrogation and assignment had become the property of the insurer who is suing. They were, of course, negotiable and unmatured, and value was paid by the Bank. Its defense of bona fide holder for value without notice was sustained by direction of...

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