Widman v. Kellogg
North Dakota Supreme Court
Appeal from District Court, Nelson county; Templeton, J. Action by L. C. Widman against George A. Kellogg, as receiver of the People’s State Bank, and another^ Prom a judgment for defendants, plaintiff appeals.
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Appeal from District Court, Nelson county; Templeton, J. Action by L. C. Widman against George A. Kellogg, as receiver of the People’s State Bank, and another^ Prom a judgment for defendants, plaintiff appeals. The appellant brought this suit against the defendant Kellogg as receiver of the People’s State Bank, and the People’s State Bank, a. corporation organized under the banking Taws of this state, seeking to establish and recover as a preferred claim the sum of $1,074.95. We take the facts from the findings of the trial court, omitting formal matters. The People’s State Bank referred…
1Opinion of the Court
Spalding, Oh. J.
(after stating the facts as above). It is claimed by counsel for respondent that the authorities applicable to the facts disclosed in this case are in hopeless conflict; that the ancient rule in equity was that property impressed with a trust, which it is claimed by respondent this is, cannot be reclaimed unless the specific property involved can be fully and specifically identified. It is admitted that several courts have modified this rule in recent years and permitted recovery for such property in certain instances. A vast number of authorities are cited on the subject and…
2Cases cited33 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
28 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kidder v. HallTexas Supreme Court · 1923
- Chetopa State Bank v. Farmers & Merchants State BankSupreme Court of Kansas · 1923
- Fletcher Savings & Trust Co. v. American State BankIndiana Supreme Court · 1925
- Lusk Development & Improvement Co. v. GiintherWyoming Supreme Court · 1925
- Spiroplos v. Scandinavian-American BankWashington Supreme Court · 1921
19 more not listed; retrieve them via the Exa API.