Tanana Valley Ry. Co. v. Washington-Alaska Bank
District Court, D. Alaska
A motion is made by the petitioner in intervention for judgment upon the pleadings, consisting of the petition of the intervener and the answer of the bank by its receivers. The petitioner alleges that he was appointed administrator of the estate of L. B. Johnson in February, 1909; that on January 5, 1911, the defendant, Washington-Alaska Bank, was adjudged insolvent, and a receiver appointed, who took possession of its property and assets.
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A motion is made by the petitioner in intervention for judgment upon the pleadings, consisting of the petition of the intervener and the answer of the bank by its receivers. The petitioner alleges that he was appointed administrator of the estate of L. B. Johnson in February, 1909; that on January 5, 1911, the defendant, Washington-Alaska Bank, was adjudged insolvent, and a receiver appointed, who took possession of its property and assets. By the allegations of the petition and answer it appears that petitioner deposited in said bank to his credit, as administrator of said estate, February…
1Opinion of the Court
CUSHMAN, District Judge.
Petitioner in his motion for judgment upon the pleadings depends upon the rule that where money has been paid out from commingled funds, which funds include a trust deposit such as that above described, it will be presumed that the moneys paid out were those of the trustee and were not those of the cestui que trust, and that, as long as there was sufficient money remaining on hand in the bank at *402the time of the receivers’ taking possession to cover the trust deposit, to that extent the money will be presumed to- be that of the. trust depositor. National Bank v. Ins.…
2Cases cited9 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
- Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
- Merchants' Nat. Bank v. School Dist. No. 8Court of Appeals for the Ninth Circuit · 1899
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