Security Realization Co. v. Henderson

Good Law
120 F.2d 449·1941 U.S. App. LEXIS 4616
United States Court of Appeals for the Ninth CircuitJune 9, 1941No. 9610California3,413 words

Opinion

Lead Opinion

Garrecht, J.

This appeal is from a decree in equity entered in the District Court of the United States for the District of Nevada.

With regard to the facts of this case “little controversy exists”, as said by appellant Security Realization Company in its brief. The history of the case is as follows:

On or about June 11, 1931, Security Savings & Loan Association, a Nevada corporation, was placed in receivership by the Second Judicial District Court of the State of Nevada, in and for the County of Washoe, and Edward J. Sea-born, State Bank Examiner of Nevada, was appointed receiver. Beginning about October 10, 1930, the said corporation had carried on deposit an open checking account in the Reno National Bank, a national banking association (hereinafter referred to as the “Bank”), and from time to *451 time added deposits to the account and made withdrawals therefrom by means of checks. Seaborn transferred that account in the Bank to the account of Security Savings & Loan Association, E. J. Sea-born, receiver, on October 2, 1931, there being on deposit at the time the sum of $34,008.78. Thereafter Seaborn deposited various sums to the credit of said account and, as receiver, withdrew amounts…

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