AETNA CASUALTY & SUR. CO. v. EASTERN TRUST & BANK. CO.


161 A.2d 843 (1960)

AETNA CASUALTY & SURETY CO. v. EASTERN TRUST & BANKING CO.

Supreme Judicial Court of Maine.

May 17, 1960.


Attorney(s) appearing for the Case

Locke, Campbell, Reid & Hebert, Augusta, for plaintiff.

Mitchell & Ballou, Bangor, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, DUBORD and SIDDALL, JJ.


WILLIAMSON, Chief Justice.

This is a controversy between a surety and a bank over payments received by the bank as assignee of two construction contracts. The case is before us on appeal by the bank from a decree in equity establishing a trust in such payments to cover losses of the surety.

Under the familiar rule the case is heard anew on the record. Facts found by the sitting justice stand "unless shown to be clearly erroneous." Andrew v. Dubeau et al.,...

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