Raymond Concrete Pile Co. v. Federation Bank & Trust Co.

Plaintiff had the burden of proving facts sufficient to charge the bank with knowledge of the trust character of the funds. The trial court, who saw and observed the witness, reached the conclusion that there was “ a total failure of proof by the plaintiff in all essential and vital elements necessary to be established to warrant a recovery. Its case rests on conjecture and surmise.” (174 Misc. 206, 209.)

In Barclay v. Corn Exchange Bank Trust Co. (155 Misc. 684; affd., 243 App. Div. 692; affd., 267 N. Y. 630) essentially the same issues were presented. In that case, on July 21, 1933, the…