Eklund v. Fidelity State Bank

The opinion of the court was delivered by

Hutchison, J.:

In this action the plaintiff, as administrator of an estate, seeks to have his claim against the receiver of an insolvent bank adjudged a trust fund and declared a preferred claim against the funds in the hands of the receiver.

The answer of the receiver consisted of a general denial and a number of special denials putting in issue the matter of the fund being a trust fund, denying that it in any way increased or augmented the assets of the bank or the funds that ultimately reached the hands of the receiver and also plead waiver by the…