Citizens National Trust and Savings Bank of Los Angeles v. United States

This is an action brought in the court below by the United States against appellant bank for money paid under mistake and for breach of contract, pursuant to 28 U.S.C. § 1345 . The appellee sought to recover money paid to the bank as an insurer of a promissory note executed and delivered under the provisions of the National Housing Act, Title I. Ap-pellee alleged that the money had been so paid in error and that appellee was damaged in the amount of money so paid because appellant had failed to comply with the terms of the insurance contract and the regulations of the Administrator pertaining thereto.

This case was submitted to the trial court on a written stipulation of facts, and no evidence other than this stipulation was proffered by the parties or received by the court. Such stipulation referred to and incorporated the judgment and findings of the district court in the related case of United States v. Bashore. The court concluded that the United States was entitled to judgment on the ground that appellant had breached the insurance contract. A motion for a new trial was denied, and timely notice of appeal filed. This Court has jurisdiction. 28 U.S.C. § 1291 .

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