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McCLURE v. FIDELITY & CASUALTY COMPANY OF NEW YORK

No. 15069.

219 F.2d 544 (1955)

Louis C. McCLURE, Trustee in Bankruptcy of Bruce's Juices, Inc., Appellant, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellee.

United States Court of Appeals, Fifth Circuit.

February 18, 1955.

Attorney(s) appearing for the Case

Charles Hamilton Ross and John P. Corcoran, Jr., Tampa, Fla., for appellant.

G. T. Shannon, Tampa, Fla., Shackleford, Farrior, Shannon & Stallings, Tampa, Fla., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

HUTCHESON, Chief Judge.

This appeal from an order in bankruptcy presents the single question of law, whether, upon the undisputed facts,1 a savings bank deposit, Account No. 6842, which had been pledged by the bankrupt with appellee in connection with bonds issued by it as surety in November, 1950, may be applied by it to an indebtedness arising out of a subsequently executed bond.

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