State ex rel. Sorensen v. Citizens Bank

This is a proceeding in the receivership case of the Citizens Bank of Stuart wherein the First National Bank of Omaha, as intervener, seeks to establish a trust fund in relation to a certain sum of money. The receiver classified the claim as a general deposit. The district court held that the claim was a trust fund and a preferred claim superior to all other claims against the assets of the insolvent state bank. The receiver appeals from this judgment.

The claim arose in this manner: Bert and Jesse Hoyt, ranchers of Boyd county, Nebraska, executed and de*883livered to John M. Flannigan, president…