County of Blaine v. Fuld
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. James R. Bothwell, Judge. Action to have certain public funds decreed a trust fund and a preferred claim. It is conceded that the deposit of $10,000 by the school district was wholly illegal and contrary to law; that all parties to the transaction knew the facts, and particularly is it true that the bank received the money with full knowledge of the facts and circumstances.
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APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. James R. Bothwell, Judge. Action to have certain public funds decreed a trust fund and a preferred claim. It is conceded that the deposit of $10,000 by the school district was wholly illegal and contrary to law; that all parties to the transaction knew the facts, and particularly is it true that the bank received the money with full knowledge of the facts and circumstances. The money so deposited became a trust fund under the repeated decisions of this court under similar facts. (State v. Thum, 6 Ida. 323,…
1Opinion of the CourtBudge, C. J.
This is an action brought by Blaine county against the receivers of the Idaho State Bank, E. B. Johnson, as county treasurer, and School District No. 7 of Blaine county, to have certain public funds which were deposited in the bank decreed a trust fund and a preferred claim. The facts appear in the amended complaint to which a.demurrer interposed by the receivers and the school district was sustained. This is an appeal from the judgment of dismissal.
It is alleged in the amended complaint that the bank was conducting a general banking business at Hailey and was the official depository for…
2Cases cited3 opinions
- State v. ThumIdaho Supreme Court · 1898
- First National Bank of Pocatello v. C. Bunting & Co.Idaho Supreme Court · 1900
- In re the Insolvency of the Bank of Nampa, Ltd.Idaho Supreme Court · 1916
3Cited by14 opinions
- City of Pocatello v. FargoIdaho Supreme Court · 1925
- Ivie v. W. G. Jenkins & Co., BankersIdaho Supreme Court · 1933
- Melgard v. EaglesonIdaho Supreme Court · 1918
- Uyeda v. DiefendorfIdaho Supreme Court · 1934
- Independent School District No. 22 v. Weiser National BankIdaho Supreme Court · 1928
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