Schoen v. Johnson

The opinion of the court was delivered by

Harvey, J.:

This is an action against a failed bank and its receiver to have the sum of $3,675 adjudged to be a trust fund and to be paid in full by the receiver out of the assets of the bank which had come into his hands. The trial court made findings of fact, concluded the claim should be allowed as that of a general creditor, but not as a preferred claim, and rendered judgment accordingly. Plaintiff has appealed.

Plaintiff, a prominent farmer and live-stock feeder, made a shipment of live stock to Kansas City and caused the proceeds, amounting to…