NELLO L. TEER COMPANY v. KANAWHA VALLEY BANK

No. 7027.

227 F.2d 306 (1955)

NELLO L. TEER COMPANY, a corporation, Defendant and Third Party Plaintiff Below, Appellant, v. The KANAWHA VALLEY BANK, a corporation, and The Raleigh County Bank, a corporation, Plaintiffs Below, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1955.


Attorney(s) appearing for the Case

Vincent V. Chaney, Charleston, W. Va. (Kay, Casto & Chaney and Robert H. C. Kay, Charleston, W. Va., on brief), for appellant.

Thomas B. Jackson, Charleston, W. Va., and Charles T. Ross, Jr., Beckley, W. Va. (Andrew L. Blair, G. J. Triplett, Jackson, Kelly, Holt & Moxley, Charleston, W. Va., and Ross & Ross, Beckley, W. Va., on brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.


THOMSEN, District Judge.

Nello L. Teer Company (Teer), defendant below, 128 F.Supp. 325, appeals from a summary judgment in favor of plaintiff banks in consolidated actions, brought to enforce the obligations assumed by Teer in connection with certain invoices for work done by S. A. Furrow, a sub-contractor of Teer on a turnpike job, which were assigned by Furrow to the Raleigh County Bank. Teer accepted the assignments and promised...

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