77 F.2d 751 (4th Cir. 1935), 3846, Wessinger v. Sturkie

Docket Nº:3846.
Citation:77 F.2d 751
Party Name:WESSINGER, County Treasurer, et al. v. STURKIE et al. KRUPNICK v. PEOPLES STATE BANK OF SOUTH CAROLINA et al.
Case Date:June 03, 1935
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 751

77 F.2d 751 (4th Cir. 1935)

WESSINGER, County Treasurer, et al.

v.

STURKIE et al.

KRUPNICK

v.

PEOPLES STATE BANK OF SOUTH CAROLINA et al.

No. 3846.

United States Court of Appeals, Fourth Circuit.

June 3, 1935

         Appeal from the District Court of the United States for the Eastern District of South Carolina, at Columbia.

         George Bell Timmerman and R. Milo Smith, both of Lexington, S. C., for appellants.

         D. W. Robinson, Jr., of Columbia, S. C. (Robinson & Robinson, of Columbia, S. C., on the brief), for appellees.

         Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

         NORTHCOTT, Circuit Judge.

         This is an appeal from two orders entered in the District Court of the United States for the Eastern District of South Carolina, on March 5, 1934, and November 7, 1934, allowing the appellees certain attorneys' fees.

         In 1932, in the suit of Krupnick v. Peoples State Bank et al., in equity, the court below had appointed receivers for said bank, and since that time two of the receivers so appointed have been engaged in the administration of the affairs of the bank in accordance with the order of the court. Prior to the closing of the bank and in the due course of business, the bank had become the owner and holder of certain notes of Cherokee county, S. C. These notes were, in October, 1931, pledged to the treasurer of Lexington county, S. C., as security for deposits of that county in said bank. The securities thus pledged were delivered to the trust department of the Peoples State Bank under a contract setting forth the securities held and binding the bank to hold them as security for the deposit until released from the trust by the treasurer of Lexington county. In June, 1932, after the closing of the bank and the appointment of the receivers, the treasurer of Cherokee county filed a petition in the cause in which the receivers had been appointed, setting up the alleged right of Cherokee county to set off the amount of its deposit in the said bank against its obligations

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held by the bank but pledged to secure the deposit of Lexington county.

         The treasurer of Lexington county and that county were represented by the appellees as attorneys. A petition was filed setting up the pledging of the securities to secure the deposit of Lexington county. The receivers also made returns to the petition of the treasurer of Cherokee county and that county. After a hearing the judge below dismissed the petition of Cherokee county and its treasurer and authorized the sale of the pledged securities for the benefit of Lexington county. The judge held that the pledge to secure the deposit of...

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