Powell Building & Loan Ass'n v. Larabie Bros. Bankers, Inc.

In this action the plaintiff seeks to impress a trust upon certain assets in the hands of the superintendent of banks of the state of Montana; such assets coming into the hands of the superintendent by reason of the insolvency of Larabie Brothers Bankers, Incorporated, of the city of Deer Lodge, Montana. At the time the facts involved here arose there were but two banks in that city, Larabie Brothers Bankers and the Deer Lodge Trust & Savings Bank. For the sake of brevity these institutions will hereafter be referred to as Larabie Brothers and Deer Lodge Trust.

It appears from the record that…