MARYLAND CASUALTY CO. v. COX

Nos. 7991, 7992.

104 F.2d 354 (1939)

MARYLAND CASUALTY CO. v. COX. COX v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Sixth Circuit.

June 7, 1939.


Attorney(s) appearing for the Case

D. H. Hill Arnold, of Elkins, W. Va. (Lee F. Miller, Jr., and Orville S. Martin, both of Johnson City, Tenn., Fred E. Pausch, of Baltimore, Md., and D. H. Hill Arnold, of Elkins, W. Va., and Clarence H. Miller, of Johnson City, Tenn., on the brief), for appellant and cross-appellee Maryland Casualty Co.

F. H. Parvin, of Greeneville, Tenn., George F. Dugger, of Elizabethton, Tenn., and Jos. A. Caldwell, of Bristol, Tenn., for cross-appellant and appellee Cox.

Geo. F. Dugger, Hallie K. Riner, and E. M. Johnston, all of Elizabethton, Tenn., for appellee E. M. Johnston, trustee of C. L. Grindstaff, bankrupt.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

From a suit in equity originally instituted by the United States for the use and benefit of various trustees in bankruptcy who had funds on deposit in a closed national bank, secured by (a) depository bonds, (b) a pledge of collateral belonging to the bank, and (c) a trust mortgage upon real estate given by a personal surety on one of the bonds, there emerges a controversy which involves (1) the right of the appellant as a surety upon a depository...

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