Fisher v. North Penn Bank
Superior Court of Pennsylvania
Appeal, No. 78, Oct. T., 1921, by Joseph O. Cramp, from judgment of C. P. No. 3, Phila. Co., June T., 1919, No. 4128, dismissing exceptions to the account of the Commissioner of Banking, in the case of John S. Fisher, Commissioner of Banking, v. North Penn Bank. Exceptions to account of the Commissioner of Banking. Before Davis, J. The facts are stated in the opinion of the Superior Court. The court dismissed the exceptions. Joseph C. Cramp appealed.
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Appeal, No. 78, Oct. T., 1921, by Joseph O. Cramp, from judgment of C. P. No. 3, Phila. Co., June T., 1919, No. 4128, dismissing exceptions to the account of the Commissioner of Banking, in the case of John S. Fisher, Commissioner of Banking, v. North Penn Bank. Exceptions to account of the Commissioner of Banking. Before Davis, J. The facts are stated in the opinion of the Superior Court. The court dismissed the exceptions. Joseph C. Cramp appealed. Errors assigned were dismissing exceptions, disallowing appellant’s claim, and confirming the account. Since withdrawal of the fund was directed…
1Opinion of the Court
Opinion by
Keller, J.,
In the distribution of the funds of the North Penn Bank, in process of liquidation by the commissioner of Banking as an insolvent under the Act of May 21,1919, P. L. 209, the court below correctly held that purchasers of liberty bonds on the installment plan who had made payments to the bank on account of such bonds, which moneys had been mingled with the general funds of the bank and could not be separated or identified from such funds, (1) were not entitled to impress such general funds with a trust in their favor and claim a preference over depositors on distribution:…
2Cases cited10 opinions
- Prudential Trust Co.'s AssignmentSupreme Court of Pennsylvania · 1909
- Girard Bank v. Bank of Penn TownshipSupreme Court of Pennsylvania · 1861
- Commonwealth v. Tradesmen's Trust Co.Supreme Court of Pennsylvania · 1915
- Freiberg v. StoddardSupreme Court of Pennsylvania · 1894
- Commercial National Bank v. HenningerSupreme Court of Pennsylvania · 1884
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3Cited by5 opinions
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- Reicheldifer's AppealSuperior Court of Pennsylvania · 1934
- Appeal of Anna NoceraSuperior Court of Pennsylvania · 1928
- Civic Building & Loan Association's AppealSuperior Court of Pennsylvania · 1935
- Golden State Fruit Distributors, Inc. v. Electric City Bank, Pennsylvania Court of Common Pleas, Lackawanna County1924