Beeler v. Emmett State Bank

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by G. H. Beeler against the Emmett State Bank and the receiver of that bank to have it adjudged that a certain fund in the hands of the receiver was a trust fund to which plaintiff was entitled. Each of the defendants filed a demurrer to plaintiff’s petition, alleging that no cause of action was stated in the petition. The court sustained the demurrers and plaintiff appeals.

The following is a summary of the averments in the petition; The Emmett State Bank was a corporation engaged in the banking business, and on…