First National Bank of Pocatello v. C. Bunting & Co.
Idaho Supreme Court
APPEAL from District Court, Bingham County. The moneys in question were never a trust fund, and were never in a condition to be claimed or established as a trust fund, and the court, therefore, erred in ordering them paid in preference to the claims of the other general creditors of said bank, said moneys having been on general deposit in said bank, the relation of debtor and creditor, only, existed between said bank and these respective respondents.
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APPEAL from District Court, Bingham County. The moneys in question were never a trust fund, and were never in a condition to be claimed or established as a trust fund, and the court, therefore, erred in ordering them paid in preference to the claims of the other general creditors of said bank, said moneys having been on general deposit in said bank, the relation of debtor and creditor, only, existed between said bank and these respective respondents. (See Janin v. London, etc. Bank, 92 Cal. 14, 27 Am. St. Bep>. 82, 27 Pac. 1100; State v. Butties, 3 Ohio St. 309; Bank of Marysville v.…
1Opinion of the CourtQuarles, J.
This action was commenced by the First National Bank of Pocatello, a corporation, plaintiff, against C. Bunting & Co., bankers, a corporation, defendant, to recover a debt due from the defendant to the plaintiff. The defendant corporation being insolvent, C. E. Thum was appointed the court’s receiver, to take charge of the assets of said defendant corporation, which, after qualifying, he proceeded to do. The state of Idaho intervened, alleging that said receiver took charge of, and was in possession, as receiver, of, certain moneys owned by the state, and withheld and refused to pay same to…
2Cases cited1 opinion
- State v. ThumIdaho Supreme Court · 1898
3Cited by26 opinions
- Fidelity State Bank v. North Fork Highway DistrictIdaho Supreme Court · 1922
- Bannock County v. Citizens Bank & Trust Co.Idaho Supreme Court · 1933
- State v. BruceIdaho Supreme Court · 1909
- Andrew v. Sac County State BankSupreme Court of Iowa · 1928
- Bellevue State Bank v. CoffinIdaho Supreme Court · 1912
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