Honer v. Hanover State Bank

*124The opinion of the court was delivered by

Marshall, J.:

By this action, the plaintiff seeks to recover $4,997.75 and to have that sum declared a trust fund in the hands of the receiver. Judgment was rendered in favor of the plaintiff for $4,650.25, but the court refused to declare that sum, or any part of it, a trust fund. The plaintiff appeals from the judgment of the court finding that the money due was not a trust fund and that it should not be paid as a preferred claim. The defendant does not appeal.

The court found—

“That the said defendants are indebted to the said plaintiff in the sum of…