Bellevue State Bank v. Coffin
Idaho Supreme Court
'APPEAL from tbe District Court of tbe Fourth Judicial District for tbe Couuty of Blaiue. Hon. Edward A. Walters, Judge. An action to recover upon a debt and have it declared a prior and preferred claim against the assets of an insolvent bank in the hands of a receiver. A constructive trust or trust ex maleficio arises by implication of law where one party, by fraud and misrepresentation, obtains something of value from another.
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'APPEAL from tbe District Court of tbe Fourth Judicial District for tbe Couuty of Blaiue. Hon. Edward A. Walters, Judge. An action to recover upon a debt and have it declared a prior and preferred claim against the assets of an insolvent bank in the hands of a receiver. A constructive trust or trust ex maleficio arises by implication of law where one party, by fraud and misrepresentation, obtains something of value from another. (Perry on Trusts and Trustees, 6th ed., sec. 171; Pomeroy’s Eq. Jur., 3d ed., sec. 155; Wasson v. Hawkins, 59 Fed. 233.) The relation of trustee and cestui que trust…
1Opinion of the CourtStewart, C. J.
On August 25, 1910, Leo Cramer,'presi-dent and representative of the Idaho State Bank, a banking corporation organized under the laws of the state of Idaho and doing business at Hailey, Idaho, called upon the Bellevue State Bank at Bellevue, Idaho, and informed C. W. Wilson, cashier of said bank, that the Idaho State Bank had a shipment of $5,000, which shipment should have arrived on the train reaching Hailey on that day, and by reason of such shipment not arriving, the Idaho State Bank was in need of $2,500 in currency for temporary use until said shipment should arrive, which should be on…
2Cases cited41 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
- McLeod v. EvansWisconsin Supreme Court · 1886
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
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3Cited by19 opinions
- Calcasieu-Marine National Bank of Lake Charles v. American Employers' Insurance Co., Louisiana Bank & Trust Co., Cross v. The Employers Liability Assurance Corp., CrossCourt of Appeals for the Fifth Circuit · 1976
- Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
- Kansas Flour Mills Co. v. New State Bank of WoodwardSupreme Court of Oklahoma · 1926
- United States Department of Health & Human Services v. Avila (In Re Avila)United States Bankruptcy Court, W.D. New York · 1985
- Cox v. St. Anthony Bank & Trust Co.Idaho Supreme Court · 1925
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