Opinion · Court of Appeals for the Third Circuit

Ward v. Fidelity-Philadelphia Trust Co.

Ward v. Fidelity-Philadelphia Tr. Co., 104 F.2d 301 (3d Cir. 1939)

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1939-06-02
Topic
general

BUFFINGTON, Circuit Judge. In the court below the Fidelity-Philadelphia Trust Company brought suit against the receiver of a national bank to recover taxes for three years paid by it upon certain property which was as alleged in possession of the bank. That court held the plaintiff was entitled to recover as a general creditor and entered judgment in its favor. Thereupon the na,-tional bank took this appeal. *302After due consideration, we find ourselves in accord with the trial court. and for the reasoning and findings set forth in its opinion we affirm its judgment on its opinion.

Citator

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Cited by
2 opinions
WARD v. FIDELITY-PHILADELPHIA TRUST CO.,104 F.2d 301(3rd Cir. 1939)
WARD v. FIDELITY-PHILADELPHIA TRUST CO.
No. 6836.
Circuit Court of Appeals, Third Circuit.
June 2, 1939.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Albert Branson Maris, Judge.

Suit by the Fidelity-Philadelphia Trust Company, trustee, successor to Fidelity Trust Company, trustee, as set forth in indenture of mortgage dated August 27, 1923, recorded in Montgomery County Mortgage Book No. 902, page 578, against W.B. Ward, receiver of the Northwestern National Bank Trust Company of Philadelphia, Pa., to recover taxes paid by plaintiff on property which was allegedly in possession of the bank. Judgment for plaintiff, and defendant appeals.

Affirmed.
Joseph E. Gold, of Philadelphia, Pa., for appellant.

Harry A. Kalish, of Philadelphia, Pa., for appellee.
Before BIGGS, CLARK, and BUFFINGTON, Circuit Judges.
BUFFINGTON, Circuit Judge.
In the court below the Fidelity-Philadelphia Trust Company brought suit against the receiver of a national bank to recover taxes for three years paid by it upon certain property which was as alleged in possession of the bank. That court held the plaintiff was entitled to recover as a general creditor and entered judgment in its favor. Thereupon the national bank took this appeal.Page 302

After due consideration, we find ourselves in accord with the trial court and for the reasoning and findings set forth in its opinion we affirm its judgment on its opinion.