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NATIONAL BANK OF COM. IN NEW ORLEANS v. FIDELITY & CAS. CO.

Civ. A. No. 69-848.

312 F.Supp. 71 (1970)

The NATIONAL BANK OF COMMERCE IN NEW ORLEANS, Plaintiff, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, the Travelers Indemnity Company, Firemen's Fund Insurance Company, Defendants.

United States District Court, E. D. Louisiana, New Orleans Division.

April 10, 1970.

Attorney(s) appearing for the Case

Merrill T. Landwehr, John V. Baus, New Orleans, La., for plaintiff.

Stanley E. Loeb, New Orleans, La., for defendants.

Sidney M. Bach, New Orleans, La., for defendant-intervenor.

RUBIN, District Judge:

I. FINDINGS OF FACT

Hughes Walsh, a contractor, had lots of bills and no money. It had accounts in a Dallas bank and a New Orleans bank, so it resorted to a classic method of robbing Peter to pay Paul: on September 10, 1968, it drew a check for $87,450 on the New Orleans bank and deposited it in the Dallas bank. It drew a check for $87,500 on the Dallas bank and deposited it in the New Orleans bank. It thus created the illusion that...

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