Salem Trust Co. v. Federal Nat. Bank

First Circuit

Salem Trust Co. v. Federal Nat. Bank

78 F.2d 407, 1935 U.S. App. LEXIS 3738

CourtCourt of Appeals for the First Circuit

DecidedMay 25, 1935

DocketNo. 3001

StatusPublished

This text of 78 F.2d 407 (Salem Trust Co. v. Federal Nat. Bank) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Salem Trust Co. v. Federal Nat. Bank, 78 F.2d 407, 1935 U.S. App. LEXIS 3738 (1st Cir. 1935).

Pincite

Opinion

PER CURIAM.

The evidence rejected by Judge Lowell but considered by Judge Brewster in reaching some of the conclusions in the fifth paragraph of his findings of fact was competent and properly considered. He was at liberty to disregard the ruling of Judge Lowell and consider the evidence, and, this being a suit in equity, we should have done so had he done otherwise.

Whether the officers of the national bank knew or did not know the trust company was insolvent was immaterial to a proper disposition of the case. Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co., 245 Mass. 69, 139 N. E. 806; Banca Italiana Di Sconto v. Bailey, 260 Mass. 151, 157 N. E. 40; Banfield v. Whipple, 14 Allen (Mass.) 13. It was not error to fail to determine the fact.

We think the decree of the District Court should be affirmed for the reasons stated in Judge Brewster’s opinion.

The decree of the District Court is affirmed.

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