Farmers' & Drovers' Sav. Bank v. Kansas City Pub. Co.

DILLON, Circuit Judge.

The calls on the shareholders having been made before the transaction with the bank, the amount called for was a debt due the publishing company.

It. is an established doctrine in equity that “any order, writing, or act which makes an appropriation of a fund amounts to an equitable assignment of that fund,” and also that “an assignment of a debt may be by parol as well as by deed.” Here the bank advanced the money to the publishing company on the faith of the agreement made at the time, by the publishing company, that the bank should collect the calls and apply them on…