State v. Rubey
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. If the money deposited in the Savings Bank, is the money of ^he State, there can be no question that plaintiff shoúld recover in this action, and is entitled to payment in full before all other creditors of said bank. Acts 1881, 35; R. S. 1879, § 184; 1 Kent 262; R. S. U. S., §§ 3466,5101; Bayne, v. U. S., 93 TJ.
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Appeal from Adair Circuit Court. — Hon. Andrew Ellison, Judge. If the money deposited in the Savings Bank, is the money of ^he State, there can be no question that plaintiff shoúld recover in this action, and is entitled to payment in full before all other creditors of said bank. Acts 1881, 35; R. S. 1879, § 184; 1 Kent 262; R. S. U. S., §§ 3466,5101; Bayne, v. U. S., 93 TJ. S. 642 ; Beaston v. Bank, 12 Pet. 134; U. 8. v. Fisher, 2 Cr. 358. It is the conceded rule of the distribution of insolvent estates, that the sovereign is entitled to priority of payment. 1 Kent (10 Ed.) 269; State v.…
1Opinion of the CourtHouse, C. J.
P. Trammel, treasurer of Macon county, deposited in the Macon County Savings Bank, from time to time, between November 2nd, 1880, and February 15th, 1882, certain county and township funds, lawfully in his possession as such treasurer, which were entered on thé books-of the bank to the credit of “ P. Trammel, Treasurer;” and on the last mentioned date, the balance so held by said bank amounted to $39,522.84. On the said 15th day of February the bank failed, and made an assignment for the benefit of all its creditors. Thereupon a claim for said balance was presented in the name of the State to…
2Cases cited4 opinions
- State ex rel. Mississippi County v. MooreSupreme Court of Missouri · 1881
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- Lafayette County v. HixonSupreme Court of Missouri · 1879
3Cited by15 opinions
- Lawson v. BakerCourt of Appeals of Texas · 1920
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- Phillips v. Yates Center National BankSupreme Court of Kansas · 1916
- Warren v. NixSupreme Court of Arkansas · 1911
- Blalock v. StateSupreme Court of Georgia · 1928
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