Commercial Bank of Pa. v. Armstrong
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. On- the 23d of November, 1887, the Commercial National Bank of Pennsylvania filed its bill of complaint in the Circuit Court of the United States for the Southern1 District of Ohio, against David Armstrong, receiver of the Fidelity National Bank of Cincinnati, the purpose of which bill was to charge the defendant, as trustee of the plaintiff, for $17,460.32, certain funds in his…
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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. On- the 23d of November, 1887, the Commercial National Bank of Pennsylvania filed its bill of complaint in the Circuit Court of the United States for the Southern1 District of Ohio, against David Armstrong, receiver of the Fidelity National Bank of Cincinnati, the purpose of which bill was to charge the defendant, as trustee of the plaintiff, for $17,460.32, certain funds in his possession. To this bill of complaint the defendant duly appeared and answered. After the taking of testimony, the case was…
1Opinion of the Court
Mr. Justice Brewer,
after stating the case, delivered the opinion of the court. '
We agree with the Circuit Judge that the relation created between the banks as to uncollected paper was that of principal and agent, and that the mere fact that'a subagent of the Fidelity Bank had collected the money due on such paper, was not a mingling of those collections with the general funds of the Fidelity, and did not operate to relieve them from the trust obligation created by the agency of the Fidelity, or create any difficulty in specifically tracing them. As to such paper; the transaction may be…
2Cases cited6 opinions
- Marine Bank v. Fulton BankSupreme Court of the United States · 1865
- White v. National BankSupreme Court of the United States · 1881
- Manufacturers' National Bank v. Continental BankMassachusetts Supreme Judicial Court · 1889
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
- Sweeny v. EasterSupreme Court of the United States · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by145 opinions
- Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
- Jennings v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1935
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
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