CHASE NAT. BANK v. MOBILE & O. R. CO.

No. 56.

30 F.Supp. 565 (1939)

CHASE NAT. BANK OF CITY OF NEW YORK v. MOBILE & O. R. CO.

District Court, S. D. Alabama, S. D.

November 28, 1939.


Attorney(s) appearing for the Case

M. Barratt Walker, of Baltimore, Md., and Coleman, Spain, Stewart & Davies, of Birmingham, Ala., for United States Fidelity & Guaranty Co.

Mark D. Eagleton, Roberts P. Elam, and Chelsea O. Inman, all of St. Louis, Mo., and Wm. B. & C. C. Inge, of Mobile, Ala., for Robert P. Pellett and John F. Rogers, Jr., as administrator.

Mudge, Stern, Williams & Tucker and Larkin, Rathbone & Perry, all of New York City, Rushton & Rushton, of Montgomery, Ala., and Harry T. Smith & Caffey, of Mobile, Ala., for Chase Nat. Bank and Carl E. Buckley, as trustee.

Mitchell, Taylor, Capron & Marsh, of New York City, and Smith & Johnston, of Mobile, Ala., for City Bank Farmers Trust Co., as trustee.


ERVIN, District Judge.

This matter comes on to be heard on objections to the claims of Pellett, Rogers, and the United States Fidelity Guaranty Company.

Pellett and Rogers were employees of the Mobile and Ohio Railroad Company, and were injured in the performance of their work. The Mobile and Ohio Railroad Company declined to pay them so they sued and each recovered a judgment.

The United States Fidelity and Guaranty Company made bond without security...

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