Court of Appeals for the Fifth Circuit January 4, 1939, No. 8774 (Fidelity & Deposit Co. of Maryland v. Citizens Nat. Bank of Waco)

HUTCHESON, Circuit Judge.

Appellant was surety for one Gayle, the tax collector of McLennan County. Called upon to pay, and having made good to the State a shortage in his accounts of $52,268.-39, it brought this suit against appellee to recover as subrogee of the State the sums so paid.

Its claim was that though, as county depository appellee was obligated by statute, Art.