Brinker v. Peoples Savings Bank

This action was instituted by the appellant, as trustee in bankruptcy of the Great Northern Construction Company, against the respondent, as defendant, to recover $47,000 in face value of second mortgage bonds, received and retained by the respondent, it is claimed, for a past consideration, the construction company being then insolvent, thus preferring the respondent, in violation of the trust fund doctrine.

The trial court denied a recovery, and the plaintiff has appealed.

The facts, while greatly involved, are, upon all points which we consider material, undisputed, and may be briefly…