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AMERICAN NATIONAL INS. CO. OF GALVESTON, TEX. v. MURRAY

No. 23077.

383 F.2d 81 (1967)

AMERICAN NATIONAL INSURANCE COMPANY OF GALVESTON, TEXAS and W. E. Greer, Appellants, v. Leo E. MURRAY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 14, 1967.

Attorney(s) appearing for the Case

William F. Goodman, Jr., Elizabeth W. Grayson, Jackson, Miss., for appellants, Dibrell, Dibrell & Greer, Galveston, Tex., Watkins & Eager, Jackson, Miss., of counsel.

Erskine W. Wells, Vardaman S. Dunn, Henry E. Barksdale, James Leon Young, Jackson, Miss., for appellees, Young & Young, Wells, Thomas & Wells, Lipscomb, Barksdale & Steen, Cox, Dunn & Clark, Jackson, Miss., of counsel.

Before RIVES, GEWIN and GODBOLD, Circuit Judges.

RIVES, Circuit Judge:

The dispositive issue common to the appellants-plaintiffs and to the appellees-defendants is whether a payment of $68,659.94 to Richard C. Rogers and Company (hereafter Rogers), agent for American National Insurance Company of Galveston, Texas (hereafter American), was binding upon American notwithstanding its lack of knowledge of the prepayment and the fact that Rogers embezzled the money. Upon a letter opinion answering that issue in the affirmative...

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