Titlow v. McCormick
Court of Appeals for the Ninth Circuit
App'eal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cush-man, Judge. Suit in equity by Anna E. McCormick against A, R. Titlow, as receiver of the United States National Bank of Centralia, and the United States National Bank of Centralia. Decree in part for complainant, and defendants appeal.
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App'eal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cush-man, Judge. Suit in equity by Anna E. McCormick against A, R. Titlow, as receiver of the United States National Bank of Centralia, and the United States National Bank of Centralia. Decree in part for complainant, and defendants appeal. On the 22d day of August, 1913, the appellee, who was then the owner of certain school warrants issued by school district No. 9 of Lewis County, state of Washington, left them with the United States National Bank of Centralia for…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). We regard it as clear that the relation of cestui que trust and trustee existed between the appellee and the appellant bank. In the similar case of American Can Company v. Williams, 178 Fed. 420, 422, 101 C. C. A. 634, 636, the Circuit Court of Appeals for the Second Circuit said:
“The relation of cestui que trust and trustee undoubtedly existed between the plaintiff and the Ekedonia Bank. The bank violated every duty which it owed the plaintiff. The proceeds of the plaintiff’s drafts held by it or its agents constituted trust funds which might be followed…
2Cases cited11 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Schuyler v. LittlefieldSupreme Court of the United States · 1914
- Brennan v. TillinghastCourt of Appeals for the Sixth Circuit · 1913
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
- American Can Co. v. WilliamsCourt of Appeals for the Second Circuit · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Allen v. United StatesCourt of Appeals for the First Circuit · 1923
- Farmers' Nat. Bank of Burlington v. PribbleCourt of Appeals for the Eighth Circuit · 1926
- Mechanics & Metals Nat. Bank of New York v. BuchananCourt of Appeals for the Eighth Circuit · 1926
- Fiman v. State of South DakotaCourt of Appeals for the Eighth Circuit · 1928
- American Surety Co. of New York v. JacksonCourt of Appeals for the Ninth Circuit · 1928
15 more not listed; retrieve them via the Exa API.