Morrill v. Raymond
Supreme Court of Kansas
Error from Brown District Court. The firm of I. N. Speer & Co., of Hiawatha, in the fall of 1880 employed C. H. Orth to purchase corn for them at Hiawatha, and gave him the money with which to do it. The contract between the parties was that Speer & Co. were to furnish him the money, which he was to deposit in the bank of Morrill & Janes at Hiawatha, and as he bought corn he was to check it out.
Read the full summary
Error from Brown District Court. The firm of I. N. Speer & Co., of Hiawatha, in the fall of 1880 employed C. H. Orth to purchase corn for them at Hiawatha, and gave him the money with which to do it. The contract between the parties was that Speer & Co. were to furnish him the money, which he was to deposit in the bank of Morrill & Janes at Hiawatha, and as he bought corn he was to check it out. Nothing was said at the time about whose name he was to deposit the money in, but it was supposed by the parties that he would deposit it in his own name. It was understood that the money was to be…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question before us is, whether the money on deposit in the bank of Morrill & Janes to the credit of C. H. Orth, on April 1, 1881,'the date of the service of the garnishment process, was subject to be applied to the satisfaction of the judgment obtained by the creditor of Orth. It is certainly true the relation at that time between the bank and its depositor Orth was merely that of debtor and credi*418tor, and the balance due on the account was only a debt. The bank had no knowledge that the deposit was a trust fund, and the account was…
2Cited by16 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
- Marx v. ParkerWashington Supreme Court · 1894
- Merket v. SmithSupreme Court of Kansas · 1885
- Susman v. Exchange National BankSupreme Court of Colorado · 1947
11 more not listed; retrieve them via the Exa API.