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MARYLAND CASUALTY COMPANY v. BANK OF CHARLOTTE

No. 9475.

340 F.2d 550 (1965)

MARYLAND CASUALTY COMPANY, Appellant, v. BANK OF CHARLOTTE, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 5, 1965.

Attorney(s) appearing for the Case

Hunter M. Jones, Charlotte, N. C., (Jones, Hewson & Woolard, Charlotte, N. C., on brief), for appellant.

James D. Monteith, Charlotte, N. C., (Fairley, Hamrick, Hamilton & Monteith, and Francis H. Fairley and S. Dean Hamrick, Charlotte, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and SIMONS, District Judge.

SOBELOFF, Chief Judge:

An employee of the Southern Investment Co. of Charlotte, North Carolina, swindled her employer out of approximately $18,000.00 and the Maryland Casualty Co., having issued an employee fidelity bond to Southern, reimbursed its assured for this loss. The Surety then sought, as subrogee of Southern, to recover from the Bank of Charlotte on the theory that the Bank's conduct had made the swindle possible. From a judgment of the District Court denying...

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