Brown v. Botkin

RAYMOND, District Judge.

Plaintiff seeks to establish the existence of a special trust and thereby a preferred claim against funds in the hands of defendant as receiver of the City National Bank & Trust Company of Niles, Mich, (hereinafter referred to as the Niles bank). Defendant insists that the relationship was none other than the ordinary one of debtor and creditor. The amount involved at the time of institution of suit was approximately $12,000, but by subsequent stipulation of the parties, plaintiff, without prejudice to his right to assert the alleged trust relationship as to the…