Cunningham v. Bank of Nampa, Ltd.
Idaho Supreme Court
APPEAL from tbe District Court of Seventh Judicial District for Canyon County. Hon. Frank J. Smith, Judge. Action by Richard Cunningham, as trustee, to recover certain funds deposited in the bank and belonging to his clients. Defendants demurred to the complaint and the demurrer was sustained. Judgment was entered in favor of the defendants. Plaintiff; appeals from the judgment.
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APPEAL from tbe District Court of Seventh Judicial District for Canyon County. Hon. Frank J. Smith, Judge. Action by Richard Cunningham, as trustee, to recover certain funds deposited in the bank and belonging to his clients. Defendants demurred to the complaint and the demurrer was sustained. Judgment was entered in favor of the defendants. Plaintiff; appeals from the judgment. There is one fact which controls this case: Whose money is this? If it is Cunningham’s, the creditors can reach it; if not, they cannot. (First Nat. Bank v. Hummel, 14 Colo. 259, 20 Am. St. Rep. 252, 8 L. R. A. 788,…
1Opinion of the CourtAilshie, C. J.
This action was instituted by the plaintiff Richard Cunningham as trustee for a number of persons named in the complaint, against the Bank of Nampa, Ltd., a corporation, J. C. Nichols, sheriff of Canyon county, and the United States Fidelity and Guaranty Company, a corporation, bondsman for the sheriff, to recover the sum of $913.24, the amount of damages claimed to have been sustained by the cestuis que trustent. The defendants demurred *170to the complaint and the demurrer was sustained. Plaintiff thereupon appealed from the judgment. The facts disclosed by the complaint are substantially as…
2Cases cited5 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- First Nat. Bank v. HummelSupreme Court of Colorado · 1890
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Des Moines Cotton Mill Co. v. CooperSupreme Court of Iowa · 1895
3Cited by8 opinions
- McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
- Cole v. Canadian Bank of CommerceOregon Supreme Court · 1925
- Porter Auto Co. v. First National BankSupreme Court of Iowa · 1919
- Gem State Lumber Co. v. Galion Irrigated Land Co.Idaho Supreme Court · 1935
- In re M. E. Dunn & Co.District Court, E.D. Arkansas · 1912
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