Bank of Commerce v. Russell
U.S. Circuit Court for the District of Western Missouri
[Appeal from the district court of the United States for the western district of Missouri. [In bankruptcy. From an unreported decree sustaining a demurrer to the bill, plaintiff appeals. Affirmed.] The only question is as to the sufficiency of the bill of complaint.
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[Appeal from the district court of the United States for the western district of Missouri. [In bankruptcy. From an unreported decree sustaining a demurrer to the bill, plaintiff appeals. Affirmed.] The only question is as to the sufficiency of the bill of complaint. The allegations in the bill are in substance: That the firm of Leonard, Dunbaugh, & Co. has been duly adjudged bankrupt, and the said Eussell duly elected and qualified as the assignee of said firm and of each of its members; that in the months of September and October, 1870, the complainant in the course of its banking business,…
1Opinion of the Court
DILLON, Circuit Judge.
The bank which files the bill seeks to maintain it on two grounds. The first is that the money collected for it by the bankrupts is money which they held in trust for it, and hence that it did not vest in the assignee.
I am of opinion upon the statements of the bill that this principle does not apply, and that the relation between the bankrupts and the plaintiff at the time of the bankruptcy was simply the relation of debtor and creditor. It does not appear that the identical money collected on the notes was kept by the bankrupts separate and. distinct from their other…
2Cited by8 opinions
- Grammel v. CarmerMichigan Supreme Court · 1884
- Anheuser-Busch Brewing Ass'n v. ClaytonCourt of Appeals for the Fifth Circuit · 1893
- Ober & Sons Co. v. CochranSupreme Court of Georgia · 1903
- Neely v. RoodMichigan Supreme Court · 1884
- Hallam v. TillinghastWashington Supreme Court · 1898
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