Lebanon Trust & Safe Deposit Bank's Assigned Estate
Supreme Court of Pennsylvania
Appeal, No. 52, Jan. T., 1895, by O. W. Carmany, trustee of Eliza Palm, from order of C. P. Lebanon Co., Sept. T., 1893, No. 136, dismissing exceptions to auditor’s report. Exceptions to auditor appointed to distribute assigned estate of Lebanon Trust and Safe Deposit Bank.
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Appeal, No. 52, Jan. T., 1895, by O. W. Carmany, trustee of Eliza Palm, from order of C. P. Lebanon Co., Sept. T., 1893, No. 136, dismissing exceptions to auditor’s report. Exceptions to auditor appointed to distribute assigned estate of Lebanon Trust and Safe Deposit Bank. Before the auditor, S. P. Light, Esq., C. W. Carmany, trustee of Eliza Palm, claimed a preference over other creditors for a fund which the Lebanon Trust and Safe Deposit Co. had received as trustee of Eliza Palm. On this claim the auditor found as follows: “ The claim for a preference by the trustee of Eliza Palm as…
1Opinion of the Court
Per Curiam,
The auditor found, and upon sufficient testimony, that when the money which composed the fund for which preference was claimed in this case, was deposited in the bank, it was simply placed in the general funds of the bank. No investment of it *625was made in any securities of the bank, nor was it in any way separated or individuated from the general funds. It was not earmarked in any way, and it is not even alleged that the original money deposited can possibly be traced or discovered. In such circumstances the obligation of the bank became simply a debt of the bank, and. entitled only…
2Cases cited3 opinions
- Farmers' & Mechanics' National Bank v. KingSupreme Court of Pennsylvania · 1868
- Thompson's AppealSupreme Court of Pennsylvania · 1853
- Peoples' Bank's AppealSupreme Court of Pennsylvania · 1880
3Cited by29 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
- Cameron v. Carnegie Trust Co.Supreme Court of Pennsylvania · 1928
- Webb v. NewhallSupreme Court of Pennsylvania · 1922
- Mehler's AppealSupreme Court of Pennsylvania · 1932
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