Commonwealth Nat. Bank v. Fidelity & Deposit Co. of Maryland

Fifth Circuit

Commonwealth Nat. Bank v. Fidelity & Deposit Co. of Maryland

173 F. 1020, 97 C.C.A. 667, 1909 U.S. App. LEXIS 5131

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 7, 1909

DocketNo. 2,008

StatusPublished

This text of 173 F. 1020 (Commonwealth Nat. Bank v. Fidelity & Deposit Co. of Maryland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth Nat. Bank v. Fidelity & Deposit Co. of Maryland, 173 F. 1020, 97 C.C.A. 667, 1909 U.S. App. LEXIS 5131 (5th Cir. 1909).

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Opinion

PER CURIAM.

Without committing this court to the propositions that the letter of the Stevenson Contract Company to the disbursing agent constituted, under the evidence, an assignment of the contractor’s claim against the gov- . ernment for the money then due on final estimate, and that as an assignment it was absolutely void or only voidable under sections 3477 and 3737, Rev. St. ' (U. S. Comp. St. 1901, pp. 2320, 2507), we hold that the Circuit Court had jurisdiction, and that the case was well ruled and correctly decided in regard to the equities involved. The decree of the Circuit Court is affirmed.

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PER CURIAM.

Without committing this court to the propositions that the letter of the Stevenson Contract Company to the disbursing agent constituted, under the evidence, an assignment of the contractor’s claim against the gov- . ernment for the money then due on final estimate, and that as an assignment it was absolutely void or only voidable under sections 3477 and 3737, Rev. St. ' (U. S. Comp. St. 1901, pp. 2320, 2507), we hold that the Circuit Court had jurisdiction, and that the case was well ruled and correctly decided in regard to the equities involved. The decree of the Circuit Court is affirmed.

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Bluebook (online)

173 F. 1020, 97 C.C.A. 667, 1909 U.S. App. LEXIS 5131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-nat-bank-v-fidelity-deposit-co-of-maryland-ca5-1909.