FRANKLIN SAVINGS & L. CO. v. AMERICAN EMPLOYERS INS. CO.

No. 8834.

99 F.2d 494 (1938)

FRANKLIN SAVINGS & LOAN CO. OF MACON et al. v. AMERICAN EMPLOYERS INS. CO. AMERICAN EMPLOYERS INS. CO. v. FRANKLIN SAVINGS & LOAN CO. OF MACON et al.

Circuit Court of Appeals, Fifth Circuit.

October 31, 1938.


Attorney(s) appearing for the Case

E. W. Maynard, S. G. Jones, and Charles M. Cork, all of Macon, Ga., for appellants.

C. Baxter Jones, of Macon, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

When the case was previously before us, 5 Cir., 89 F.2d 224, a judgment on the fidelity bond involved was reversed because it did not appear that the plaintiff-obligee, Franklin Savings and Loan Company, owed debts or was insolvent so as to make the dividends which were declared out of capital assets to be misappropriations, and because so far as appeared a recovery would inure to the benefit of the stockholders...

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