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JENKINS v. NATIONAL SURETY CO.

No. 424.

277 U.S. 258 (1928)

48 S.Ct. 445

72 L.Ed. 874

JENKINS, RECEIVER, ET AL. v. NATIONAL SURETY COMPANY.

Supreme Court of United States.

Decided May 14, 1928.

Attorney(s) appearing for the Case

Messrs. Paul H. Ray and John Jensen, with whom Messrs. Emmett M. Bagley, Robert L. Judd, A.M. Cheney, and Harold M. Stephens were on the brief, for petitioners.

Mr. Bynum E. Hinton, with whom Messrs. A.E. Moreton and Edwin G. Davis were on the brief, for respondent.

Mr. George P. Barse filed the brief of Mr. Joseph W. McIntosh, Comptroller of the Currency of the United States, as amicus curiae, by special leave of Court.

MR. JUSTICE STONE delivered the opinion of the Court.

The petitioner Jenkins was appointed receiver of the National City Bank of Salt Lake City, an insolvent national bank, by the Comptroller of the Currency, under the provisions of § 5234, R.S. The respondent National Surety Co. brought this action against the receiver to compel the allowance of and payment of dividends on its claim upon an indemnity agreement executed by the bank. The agreement was contained...

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