Mo. Mutual Association v. Holland Banking Co.

— Action seeking to have a deposit in a bank that had failed declared a special deposit and entitled to preference in payment out of the assets of the bank. Trial by court and finding for defendant denying the preference. Plaintiff appealed.

There was no dispute as to the facts in this case. It is conceded that at the time the Holland Bank closed its doors and was taken over for liquidation by the State Finance Commissioner, the plaintiff had on deposit in said bank the sum of $5000. Plaintiff’s claim is that this money was a trust fund and known by the bank officers to be such and that when…