Yesner v. Commissioner of Banks

This is a suit in equity whereby the plaintiff seeks to establish a constructive trust respecting deposits *359made in the Cosmopolitan Trust Company at a time when it was irretrievably insolvent to the knowledge of its officers. The plaintiff made a deposit of $1,000 on January 26, 1920, and another of $4,000 on August 3, 1920, in the trust company, receiving in each instance a certificate of deposit payable to his order in current funds upon surrender of the certificate. The case was referred to a master, whose report states in some detail the methods of business pursued by the trust company.…