Bank of Roxie v. Lampton
Mississippi Supreme Court
Appeal from the chancery court of Pike county. Hon. J'. S. Hicks, Chancellor. Bill by the Bank of Roxie against T. B. Lampton, as receiver of the Pike County Bank So Trust Company, to recover an alleged balance due it by the trust company at the time of its suspension. A cross-bill was filed by defendant. On the hearing both bills were dismissed and both sides appeal.
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Appeal from the chancery court of Pike county. Hon. J'. S. Hicks, Chancellor. Bill by the Bank of Roxie against T. B. Lampton, as receiver of the Pike County Bank So Trust Company, to recover an alleged balance due it by the trust company at the time of its suspension. A cross-bill was filed by defendant. On the hearing both bills were dismissed and both sides appeal. The agreed statement of facts was as follows: “It is agreed by complainant and defendant in this cause that on December 19, 1905, W. R. Caston, who was president of the Bank of Roxie, and cashier of the Pike County Bank & Trust…
1Opinion of the Court · SmithSmith, C. J.
Counsel for appellee do not, and in fact could not sue*437cessfully, contend that Caston was authorized to withdraw the money deposited by appellant in the Pike County Bank & Trust Company and apply it to his own benefit, but seek to uphold the decree of the court below on the ground that it found as a fact “that a fraud had been perpetrated by both parties, one upon the other,” and therefore neither of them was entitled to relief. In so finding, the court below erred; for it is manifest from the agreed statement of facts that the appellant was wholly without fault in the matter, and that the…
Also in this document: Opinion of the Court · Smith.
2Cases cited2 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- People v. E. Remington & SonsNew York Supreme Court · 1891
3Cited by1 opinion
- Taylor v. Corning Bank & Trust Co.Supreme Court of Arkansas · 1932