State v. Whitehurst

Does tbe fraudulent misapplication of receivership funds by tbe receiver of a State bank come within tbe purview of tbe embezzlement statute, C. S., 4268 ? We agree witb tbe trial court that a receiver of an insolvent corporation is not within tbe terms of tbe statute.

A receiver is not eo nomine mentioned in tbe statute, and it is not thought that tbe language is broad enough to include a receiver of an insolvent corporation under tbe rule of ejusdem generis. See Galkins *302v. Stake, 18 Obio State, 366, as reported in 98 Am. Dee., 121, with, valuable note covering the whole subject.

As a…