AMERICAN SURETY CO. OF N. Y. v. FIRST NAT. BANK IN W. UNION

No. 12-F.

57 F.Supp. 355 (1944)

AMERICAN SURETY CO. OF NEW YORK v. FIRST NAT. BANK IN WEST UNION.

District Court, N. D. West Virginia.

October 26, 1944.


Attorney(s) appearing for the Case

Walter Higgins, of New York City, and Robert R. Wilson, of Clarksburg, W. Va., for plaintiff.

Samuel A. Powell, of Harrisville, W. Va., for defendant.


HARRY E. WATKINS, District Judge.

The Circuit Court of Appeals of the Fourth Circuit has held the defendant bank liable to the plaintiff surety company for $4,050 paid by the surety company on account of funds of a bankrupt estate misappropriated by a trustee in bankruptcy. American Surety Co. of New York v. First Nat. Bank in West Union, W. Va., 141 F.2d 411, 413. The case was remanded to this court for further proceedings in accordance...

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