State v. American State Bank

This is a controversy between A. F. Ackerman, receiver of the American State Bank of Aurora, Nebraska, an insolvent corporation, and Benjamin W. Springer, claimant, as a depositor.

In a proceeding by the state of Nebraska to wind up the affairs of the bank, Springer filed a claim for a balance of $42,375.30. The deposit in controversy was never entered on the books of the bank as a credit in favor of Springer and he pleaded fraud in that respect. The receiver objected to the allowance of the claim on the ground that Springer entrusted his fund to his own agent, the Wentz Company, a corporation…