Supreme Court of Alabama January 14, 1932, 5 Div. 90. (National Surety Co. v. First Nat. Bank of Wetumpka)

lead-opinion

*425

GARDNER, J.

The suit is on what is known as a bank depository bond. The defendant denies liability upon the theory that, as to the fund on deposit other than the $1,500 check, there was no “proper legal order’’ therefor, as stipulated in the bond, which, it insists, should be strictly construed, and as to the $1,500 check that it was paid when the same was charged to plaintiff’s