Johnson v. Fleming
Court of Appeals of Kentucky
Case 75 — Action by Benjamin Johnson against, Charles M. Fleming, Commissioner, to Recover Plaintiff’s Share of .Money Raid Into Court. — APPEAL FROM FLEMING CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 75 — Action by Benjamin Johnson against, Charles M. Fleming, Commissioner, to Recover Plaintiff’s Share of .Money Raid Into Court. — APPEAL FROM FLEMING CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The appellee as commissioner and receiver of the Fleming Circuit Court, received $482.90 for the appellant and deposited it in the Exchange Bank of David Wilson &' Co. The order of distribution was made January 18, 1896. The Exchange Bank broke February 13, 1896. Said bank was a private bank owned ■by David Wilson. We submit that the appellee was not diligent in paying out this…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Affirming.
The appellee, Charles M. Fleming, was the master commissioner and receiver of the Fleming Circuit Court, and as *682such received in January, 1896, a considerable sum of money,, which he deposited as receiver in the Exchange Bank of David Wilson & Co. This bank, at the time, was entirely solvent, and good, but before' the money was paid out it failed. It is contended for the appellant that the appellee is responsible for the money, although guilty of no negligence in selecting the bank, or in leaving the money.there. There are many cases holding that…
2Cases cited6 opinions
- United States v. PrescottSupreme Court of the United States · 1845
- United States v. ThomasSupreme Court of the United States · 1873
- People Ex Rel. Nash v. . FaulknerNew York Court of Appeals · 1887
- State v. HoustonSupreme Court of Alabama · 1885
- Wilson v. PeopleSupreme Court of Colorado · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Denny, Banking Commissioner v. ThompsonCourt of Appeals of Kentucky (pre-1976) · 1930
- Breckinridge County v. GannawayCourt of Appeals of Kentucky (pre-1976) · 1932
- Commonwealth v. Polk, Court ClerkCourt of Appeals of Kentucky (pre-1976) · 1934
- Sweeney v. CommonwealthCourt of Appeals of Kentucky · 1904
- Edwards v. Logan CountyCourt of Appeals of Kentucky (pre-1976) · 1932
4 more not listed; retrieve them via the Exa API.