Shields v. Thomas
Mississippi Supreme Court
From the chancery court of Washington county. Hon. W. R. Trigg, Chancellor. The case is stated in the opinion. The fact that the money was deposited to the credit of Griffin “as sheriff,” was notice that it was held in a fiduciary capacity, and that the deposit was unlawful. Shaw v. Spencer, 100 Mass., 382; Fisher v. Brown, 20 Am. St. R., 467; 52 N. Y., I;- 100 lb., 31; Shelton v. Laird, 68 Miss., 175. Here the bank had actual notice.
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From the chancery court of Washington county. Hon. W. R. Trigg, Chancellor. The case is stated in the opinion. The fact that the money was deposited to the credit of Griffin “as sheriff,” was notice that it was held in a fiduciary capacity, and that the deposit was unlawful. Shaw v. Spencer, 100 Mass., 382; Fisher v. Brown, 20 Am. St. R., 467; 52 N. Y., I;- 100 lb., 31; Shelton v. Laird, 68 Miss., 175. Here the bank had actual notice. See Armour v. Bank, 69 Miss., 700. The receiver is not a purchaser for value, and does not hold innocently. He holds only such title as was in the bank, subject…
1Opinion of the CourtCooper, J.
On December 22, A.D. 1891, the Bank of Greenville, doing-business in Greenville, Washington county, closed its doors, and soon thereafter a receiver of its assets was appointed by the chancery court of Washington county. By an act approved. February 10, 1892 (Laws, p. 46), the district attorney of the fourth judicial district was directed to intervene and assert the claim of the state of Mississippi, of the county of Washington and of the board of levee commissioners of the Mississippi levee district to the sum of $14,906.06, which sum had been deposited in said bank by the sheriff and…
2Cases cited10 opinions
- United States v. BallSupreme Court of the United States · 1896
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Holmes v. . GilmanNew York Court of Appeals · 1893
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- McLeod v. EvansWisconsin Supreme Court · 1886
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3Cited by17 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
- Potter v. Fidelity & Deposit Co.Mississippi Supreme Court · 1911
- Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
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