Houck v. Bank of Newport

This is a suit to impress a trust upon $1,026.07 in moneys which Andrew J. Naterlin had on deposit in his checking account with the Bank of Newport on November 4,1938, and was on said day applied by the bank in payment of past due obligations then owing by Naterlin to the bank. Prior to said application, Naterlin had issued individual checks to the plaintiffs to the amount thereof and, when these checks were duly presented to the bank for payment, payment was refused for lack of funds, caused wholly by the bank’s application of the moneys.

Until July 25, 1933, Naterlin had acted as manager for…