Legal Opinion

New Farmers Bank's Trustee v. Cockrell

Court of Appeals of Kentucky

Decided May 13, 1899PublishedCited by 13 opinions

Case 71 — FOLLOWING TRUST FUNDS APPEAL EBOM MONTGOMERY CIRCUIT COURT. 1. The deposit of the trust funds in the bank by the trustee created ■the relation of debtor and creditor only, between them. Taylor’s Admr. v. Taylor’s Assignee, 78 Ky., 471; Williams v. Rogers, 14 Bush, 788. 2. Admitting that the bank was the real trustee and receiver, yet appellee has not- traced the trust funds into the hands of the assignee, and therefore is entitled to no preference.

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Case 71 — FOLLOWING TRUST FUNDS APPEAL EBOM MONTGOMERY CIRCUIT COURT. 1. The deposit of the trust funds in the bank by the trustee created ■the relation of debtor and creditor only, between them. Taylor’s Admr. v. Taylor’s Assignee, 78 Ky., 471; Williams v. Rogers, 14 Bush, 788. 2. Admitting that the bank was the real trustee and receiver, yet appellee has not- traced the trust funds into the hands of the assignee, and therefore is entitled to no preference. Allen v. Russell, 78 Ky.,112; Ellis v. Johnson, 4 Ky. Law Rep., 991; ■Story’s Eg. Jur., 1259; Commercial Natl. Bk. v. Armstrong, 39 Fed.…

1Opinion of the Court

JUDGE DuRELLE

delivered the opinion oe the court.

William Mitchell filed suit in the Montgomery Circuit Court against the appellant, alleging that he had been appointed; by order of court in an action in said court of Anderson’s administrator v. Annie Dooley and others, as trustee and receiver for the Hocker children; that a large fund had come into his hands, of which he had deposited two sums, aggregating nearly $2,300, in the New Farmers’ Bank, under an agreement that the bank should repay him, as such trustee and receiver, the amounts deposited, with interest; that said funds were deposited…

2Cases cited8 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Peters v. BainSupreme Court of the United States · 1890
  3. Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
  4. Myers v. Board of EducationSupreme Court of Kansas · 1893
  5. Woolley v. HoltCourt of Appeals of Kentucky · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. BruceIdaho Supreme Court · 1909
  2. Farmers' Bank v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Tyler County State Bank v. ShiversTexas Commission of Appeals · 1928
  4. Smith, Special Dp. Bank. Com. v. Spicer's Gdn. and Com.Court of Appeals of Kentucky (pre-1976) · 1932
  5. Louisville Title Co.'s Receiver v. Crab Orchard Banking Co.Court of Appeals of Kentucky (pre-1976) · 1933

8 more not listed; retrieve them via the Exa API.

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