Legal Opinion
City of Clay Center v. Myers
Supreme Court of Kansas
Decided July 15, 1893PublishedCited by 19 opinions
Error from Olay District Court. ACTION by the City of Clay Center against D. H. Myers, as assignee of John Higinbotham, insolvent, to recover the amount deposited with said insolvent in trust. At the June term, 1892, judgment was rendered for defendant, and plaintiff comes to this court.
1Opinion of the Court
The opinion of the court was delivered by
HoutoN, C. J.:
As was said in Myers v. Board of Education, 51 Kas. 87, the moneys sought to be recovered in this action
“ were school funds collected and held for specific public purposes, and the bank, its owners and manager, all knew of the-trust character of the funds, and hence there is no excuse for their misappropriation.”
It was found by the trial court
“that Spicer, the treasurer of the city of Clay Center, was-never authorized to deposit the funds coming intp his hands-as treasurer in the Clay Center bank, and the officials of the city had no…
2Cases cited2 opinions
- Myers v. Board of EducationSupreme Court of Kansas · 1893
- Main v. PayneSupreme Court of Kansas · 1877
3Cited by19 opinions
- Malone v. YoungSupreme Court of Kansas · 1938
- Mutual of Omaha Insurance Company, a Corporation v. Elmer D. Russell, Elmer D. Russell, Cross-Appellant v. Mutual of Omaha Insurance Company, a Corporation, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1968
- Franklin Supply Company, Etc. v. Albert W. Tolman, Jr. And Peat, Marwick, Mitchell & Company, Etc.Court of Appeals for the Ninth Circuit · 1972
- Loucks v. McCormickSupreme Court of Kansas · 1967
- State v. BruceIdaho Supreme Court · 1909
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