Kimmel v. Dickson
South Dakota Supreme Court
Appeal from circuit court, Douglas county. Hon. E. G. Smith, Judge. Action to declare a trust and to require the receiver of an insolvent bank to pay over certain moneys or so much thereof as the money in his hands would pay. Plaintiff had judgment, and defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Douglas county. Hon. E. G. Smith, Judge. Action to declare a trust and to require the receiver of an insolvent bank to pay over certain moneys or so much thereof as the money in his hands would pay. Plaintiff had judgment, and defendant appeals. The facts are fully stated in the opinion. Befbre payment of the trust fund can be ordered in cases like the one under consideration, the trust fund must be traced into specific assets in the hands of the receiver, or there must be cash on hand with which the trust fund is intermixed. Cent. Nat. Bank of Baltimore v. Conn.…
1Opinion of the CourtKellam, J.
In this case the facts are simple and undisputed. On and prior to the 9th day of June, 1893, the Douglas County Bank was a banking corporation under the laws of this state, doing business at Armour, in said Douglas county. On that day respondent Kimmel left with such bank $265, to be paid to E. C. Ward on presentation by him of a warranty deed conveying to Kimmel certain described land, with an abstract showing good title in the grantor. The bank gave Kimmel a receipt therefor, reciting that it was so received for such purpose. On the 17th day of June following, and before the deed was…
2Cases cited4 opinions
- 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
- Ellicott v. BarnesSupreme Court of Kansas · 1884
3Cited by20 opinions
- State v. FosterWyoming Supreme Court · 1895
- State v. ThumIdaho Supreme Court · 1898
- Sherwood v. Central Michigan Savings BankMichigan Supreme Court · 1894
- Shopert v. Indiana National BankIndiana Court of Appeals · 1908
- State Ex Rel. School District No. 4 v. McGrawMontana Supreme Court · 1925
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