State v. Thum
Idaho Supreme Court
APPEAL from District Court, Bingham County. The money belonging, as it did, to the state, and being deposited in the bank by the treasurer, made it a trust fund and gave the state, as the true owner, the right to recover the amount from the bank assets, regardless of the fact that it had mingled with other funds, and that such amount of money had not been kept on hand. (Wolffe v. State, 79 Ala. 201, 58 Am. Rep. 590; Van Alen v. American Nat.
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APPEAL from District Court, Bingham County. The money belonging, as it did, to the state, and being deposited in the bank by the treasurer, made it a trust fund and gave the state, as the true owner, the right to recover the amount from the bank assets, regardless of the fact that it had mingled with other funds, and that such amount of money had not been kept on hand. (Wolffe v. State, 79 Ala. 201, 58 Am. Rep. 590; Van Alen v. American Nat. Bank, 52 N. Y. 1; Merrill v. Bank of Norfolk, 19 Pick. 32; National Bank v. Insurance Co., 104 U. S. 67, and eases cited.) When a public treasurer,…
1Opinion of the CourtQuarles, J.
(After Stating the Facts.) — The contention of the respondent that public money deposited in a bank on general deposit, by a public officer, in violation of law, becomes the estate and property of the bank, the owner of the money so *328deposited, contrary to its will, becoming a mere creditor of the bank, raises the principal question in this case. The district court sustained this contention. We are unable to do so. The position of the state in this case is unlike that of an ordinary depositor in a bank. A party who deposits money in a bank on general deposit voluntarily becomes the creditor of…
2Cases cited9 opinions
- First Nat. Bank v. HummelSupreme Court of Colorado · 1890
- Wolffe v. StateSupreme Court of Alabama · 1885
- State v. Midland State BankNebraska Supreme Court · 1897
- Kimmel v. DicksonSouth Dakota Supreme Court · 1894
- Hubbard v. Alamo Irrigating & Manufacturing Co.Supreme Court of Kansas · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. RossOregon Supreme Court · 1909
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- Fidelity State Bank v. North Fork Highway DistrictIdaho Supreme Court · 1922
- McClain ex rel. McClain v. Lewiston Interstate Fair & Racing Ass'nIdaho Supreme Court · 1909
- Bannock County v. Citizens Bank & Trust Co.Idaho Supreme Court · 1933
27 more not listed; retrieve them via the Exa API.