FEDERAL DEPOSIT INS. CORP. v. RECTENWALL

Civ. No. 556.

97 F.Supp. 273 (1951)

FEDERAL DEPOSIT INS. CORP. v. RECTENWALL.

United States District Court N. D. Indiana, Fort Wayne Division.

April 30, 1951.


Attorney(s) appearing for the Case

Kennerk & Dumas, Fort Wayne, Ind., for plaintiff.

Hunt & Mountz, Fort Wayne, Ind., Atkinson & Sanders, Auburn, Ind., for defendant.


SWYGERT, District Judge.

The complaint, to which the defendant has directed a motion to dismiss for failure to state a claim, alleges that the defendant, as cashier of the Farmers and Merchants State Bank of Spencerville, Indiana, "did illegally, wrongfully, fraudulently and negligently pay or cause to be paid" to certain designated persons "funds of the Bank to which they were not entitled, by means of paying checks presented to the Bank and drawn by them on their...

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