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LIBERTY OIL CO. v. CONDON NATIONAL BANK

No. 98.

260 U.S. 235 (1922)

43 S.Ct. 118

67 L.Ed. 232

LIBERTY OIL COMPANY v. CONDON NATIONAL BANK ET AL.

Supreme Court of United States.

Decided November 27, 1922.

Attorney(s) appearing for the Case

Mr. F.W. Lehmann, with whom Mr. Harry E. Karr and Mr. Charles G. Yankey were on the brief, for petitioner.

Mr. John J. Jones, with whom Mr. J.H. Keith and Mr. Hugo T. Wedell were on the brief, for respondents.

MR. CHIEF JUSTICE TAFT, after stating the case, delivered the opinion of the Court.

We differ with the Circuit Court of Appeals in its holding that, as brought in review before it, this cause was an action at law. We think the cause was then equitable and the proper review was by appeal. The case began as an action at law for money had and received. When the defendant bank claimed to be only a stakeholder of the deposit, disclaimed interest therein and offered to...

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