FID. & CAS. CO. OF N.Y. v. IND. NAT'L BANK ET AL.

No. 20,257.

140 Ind. App. 267 (1966)

216 N.E.2d 857

FIDELITY & CASUALTY CO. OF N.Y. v. INDIANA NATIONAL BANK ET AL.

Court of Appeals of Indiana.

Rehearing denied November 15, 1966.

Transfer denied February 7, 1967.


Attorney(s) appearing for the Case

Hugh E. Reynolds, Hugh E. Reynolds, Jr., and Locke, Reynolds, Boyd & Weisell, all of Indianapolis, for appellant.

William K. Kunz, William A. Waddick, Kunz & Kunz and Donald Beskerick, all of Indianapolis, and McNutt, Hurt & Blue and Charles Foley, both of Martinsville, all for appellees.


CARSON, J.

This was an action instituted in the Morgan Circuit Court by the Indiana National Bank of Indianapolis, against the Metropolitan School District of Martinsville, Indiana. The plaintiff's complaint alleged a right to the balance due on a construction contract because of an assignment by one Carey to the extent of $18,293.09 for money loaned by it to Carey, hereinafter referred to as the contractor, to be used by him for the payment of material and services...

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