First National Trust & Savings Bank v. Industrial Accident Commission

Petitions for transfer to this court of this proceeding, after decision by the District Court of Appeal of the Fourth District, were filed by the Occidental Indemnity Company and by the Industrial Accident Commission. These petitions we granted and the whole matter is now before us as presented upon the original pleadings of the parties filed in the District Court of Appeal.

At the time of granting said petitions we were and still are in perfect agreement with the opinion of the District Court of Appeal in so far as it annulled the order of the Commission dismissing the Occidental Indemnity Company from liability. We were in doubt, however, as to the correctness of the opinion in failing to annul the order of the Commission dismissing the First National Trust and Savings Bank of San Diego and its insurance carrier, The Fidelity and Casualty Company of New York, from liability.

There is no contention but that the First National Trust and Savings Bank of San Diego was during all of the times mentioned in the proceeding a corporation organized, existing and doing business under the laws of the United States of America, and as such was authorized to carry on the banking business,…