Hale v. Windsor Savings Bank
Supreme Court of Vermont
Appeal in Chancery. Heard on facts found by tbe chancellor, at the June Term, 1913, Windsor County, Miles, Chancellor, presiding. Decree dismissing the bill, with costs. The orators appealed. The opinion states the case. No portion of a trust fund can be diverted to pay the trustee’s individual debt to the bank, unless the bank did not know and had no reason to suppose that the money was part of a trust fund.
Read the full summary
Appeal in Chancery. Heard on facts found by tbe chancellor, at the June Term, 1913, Windsor County, Miles, Chancellor, presiding. Decree dismissing the bill, with costs. The orators appealed. The opinion states the case. No portion of a trust fund can be diverted to pay the trustee’s individual debt to the bank, unless the bank did not know and had no reason to suppose that the money was part of a trust fund. Munnerlyn v. Augusta Bank, 94 Ga. 356; Bundy v. Monticello, 84 Ind. 119; Burtnett v. Corunna First Nat’l Bank, 38 Mich. 630; Bank of St. Paul v. Stillwater Gas Co., 36 Minn. 75; Wood v.…
1Opinion of the CourtMunson, J.
Joseph C. Enright, the executor of Amanda M. Pike, received a check for $5,125, payable to him as executor, and covering funds belonging to his testate’s estate. He *492indorsed this check in blank as executor, added his personal indorsement, and deposited the check to his personal account in the Windsor Savings Bank, defendant herein, an institution doing a general banking business. The next day he took up six notes made by him and held by that Bank, amounting to $4,471.30, and paid two other personal liabilities to the Bank, amounting to $215, giving the Bank his personal check covering both…
2Cases cited12 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Munnerlyn v. Augusta Savings BankSupreme Court of Georgia · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Greenspahn v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1951
- Colby v. Riggs Nat. BankCourt of Appeals for the D.C. Circuit · 1937
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Scottsbluff National Bank v. Blue J Feeds, Inc.Nebraska Supreme Court · 1952
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
14 more not listed; retrieve them via the Exa API.