Safe Deposit & Trust Co. v. Woodbridge

Henderson, J.,

filed the following dissenting opinion:

I regret that I am unable to concur in the conclusion of the court in this case, or the reasoning upon which it is based. Because of the novelty and importance of the question, I deem it proper to state the grounds of my dissent.

The rules as to the binding effect of applications of voluntary payments are not controlling here. All of the authorities agree that distributions made in the course of judicial proceedings must be governed by equitable principles and cannot be controlled by the acts of the parties, debtor or creditor. 6 Williston,…