AMERICAN FIDELITY CO. v. NAT. CITY BANK OF EVANSVILLE

Nos. 14831, 14832.

266 F.2d 910 (1959)

AMERICAN FIDELITY COMPANY, a corporation, and New Hampshire Fire Insurance Company, a corporation, Appellants, v. NATIONAL CITY BANK OF EVANSVILLE, a corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 12, 1959.


Attorney(s) appearing for the Case

Mr. Alexander M. Heron, Washington, D. C., with whom Mr. Preston C. King, Jr., Washington, D. C., was on the brief, for appellants.

Mr. O. R. McGuire, Jr., Washington, D. C., with whom Mr. John J. Ross, Washington, D. C., was on the brief, for appellee.

Before Mr. Justice BURTON, retired, and WILBUR K. MILLER and BAZELON, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

The principal question presented here may be stated thus: When a contractor borrows money from a bank and as security therefor legally assigns the proceeds of its Government construction contract and the bank as assignee receives progress payments thereunder, may the sureties on the contractor's performance and payment bonds recover such payments from the bank to reimburse them for sums paid by them because the contractor defaulted...

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