Legal Opinion

Lummus Cotton Gin Co. v. Walker

Supreme Court of Alabama

Decided January 13, 1916PublishedCited by 34 opinions

Appeal from Cullman Chancery Court. Heard before Hon. James E. Horton, Jr. Petition in intervention by the Lummus Cotton Gin Company against A. E. Walker, Superintendent of Banks of Alabama, administering the affairs of the insolvent German Bank of Cull-man, to establish a claim as a preferred creditor. Relief denied, and petitioner appeals.

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Appeal from Cullman Chancery Court. Heard before Hon. James E. Horton, Jr. Petition in intervention by the Lummus Cotton Gin Company against A. E. Walker, Superintendent of Banks of Alabama, administering the affairs of the insolvent German Bank of Cull-man, to establish a claim as a preferred creditor. Relief denied, and petitioner appeals. A. E. Walker, as State Superintendent of Banks, filed his petition against the German Bank of Cullman for instructions, guidance, and direction by the chancery court in the administration and liquidation of the assets of said bank under the act creating…

1Opinion of the Court

SAYRE, J.(1) There is no occasion for a particular discussion of appellant’s claim that any funds, much or little, in the possession of the insolvent bank at the time appellee took over the affairs of the bank under authority of the statute, should be charged with a specific trust for appellant’s benefit on the ground that the money collected for appellant was to be found somewhere in those funds which at that time constituted a part of the general estate of the bank. That question has been foreclosed 'against appellant by the reason and authority of cases heretofore considered in this court.…

2Cases cited4 opinions

  1. Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
  2. State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
  3. Nixon State Bank v. First State BankSupreme Court of Alabama · 1913
  4. State Savings Bank v. FosterMichigan Supreme Court · 1898

3Cited by34 opinions

  1. Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
  2. Howton v. MathiasSupreme Court of Alabama · 1916
  3. Middlekauff v. State Banking BoardTexas Supreme Court · 1922
  4. State v. Tyler County State BankTexas Commission of Appeals · 1925
  5. Ex Parte MortonSupreme Court of Alabama · 1954

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