U.S. Court of Appeals for the Fifth Circuit, 1934

American Legion v. Spurway

American Legion v. Spurway
U.S. Court of Appeals for the Fifth Circuit · Decided February 20, 1934 · Hutcheson
69 F.2d 222; 1934 U.S. App. LEXIS 3493 (Federal Reporter, Second Series)

American Legion v. Spurway

Opinion of the Court

HUTCHESON, Circuit Judge.

Upon the failure of the City National Bank in Miami, its receiver brought this suit to recover Liberty bonds which that bank had pledged to secure deposits with it of the American Legion. From a decree for the receiver, the Legion appeals, urging that the deposits should be treated as a loan and the pledge held valid.

Deposits are not loans. Pledges to secure them are invalid. The decree was right. Texas & Pacific R. Co. v. Pottorff (C. C. A.) 63 F.(2d) 1, 2, affirmed 54 S. Ct. 416, 78 L. Ed.-; Illinois Central R. Co. v. Rawlings (C. C. A.) 66 F.(2d) 146.

The decree is affirmed.

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