Myers v. Board of Education
Supreme Court of Kansas
Error from Clay District Court. Action brought by the Board of Education of the City of Clay Center against D. H. Myers, as the assignee of the estate of Johu Higinbotham, to recover $3,265.71, alleged to be a trust fund in the hands of the assignee, to which it was entitled. Upon the evidence submitted, the district court made the following findings of fact and conclusions of law: “findings of fact.
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Error from Clay District Court. Action brought by the Board of Education of the City of Clay Center against D. H. Myers, as the assignee of the estate of Johu Higinbotham, to recover $3,265.71, alleged to be a trust fund in the hands of the assignee, to which it was entitled. Upon the evidence submitted, the district court made the following findings of fact and conclusions of law: “findings of fact. “1. For several years prior to the 8th day June, 1889, John Higinbotham was doing business as a private banker at Clay Center, Kansas, and carrying on a private bank under the name of the Clay…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
There is no doubt or question about the character of the moneys, amounting to $3,055.71, sought to *98be recovered in this action. They were school funds, collected and held for specific public purposes, and the bank, its owners, and manager, all knew of. the trust character of the funds, and hence there is no excuse for their misappropriation. The treasurer of the board of education, who placed these trust funds in the bank, was its manager, and without authority from the board of education he mingled them with the funds of the bank, and…
2Cases cited9 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- McLeod v. EvansWisconsin Supreme Court · 1886
- Peak v. EllicottSupreme Court of Kansas · 1883
- Harrison v. SmithSupreme Court of Missouri · 1884
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3Cited by48 opinions
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
- Lowe v. JonesMassachusetts Supreme Judicial Court · 1906
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
- Capital National Bank v. Coldwater National BankNebraska Supreme Court · 1896
- Carlson v. KiesWashington Supreme Court · 1913
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