Peak v. Ellicott
Supreme Court of Kansas
Error from Riley District Court. Action begun February 17, 1882, by Matthias Peale against Joseph T. Ellicott, as assignee of the Riley County Bank of Manhattan.
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Error from Riley District Court. Action begun February 17, 1882, by Matthias Peale against Joseph T. Ellicott, as assignee of the Riley County Bank of Manhattan. The petition, omitting court and title, is as follows: “The said Matthias Peak, plaintiff above named, complaining of the defendant herein named, sets forth and shows unto the court that the Riley County Bank of Manhattan, Kansas, was at the time hereinafter named a corporation created by and existing under the laws of the state of Kansas, and doing and transacting a general banking business in Manhattan, Kansas; that during the year…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question in this ease is, whether a trust in favor of the plaintiff is impressed upon the $782.50 delivered to the cashier of the Eiley County Bank on November 22, 1881, for the purpose of paying the note of plaintiff executed to the bank, but at that time, owned and held by the Harrison National Bank of Cadiz, in Ohio. When the bank through its cashier accepted the $782.50, it was not paid by the plaintiff as a deposit, nor accepted by the latter as a deposit, nor was the relation of debtor and creditor between the bank and the…
2Cases cited2 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- St. Louis v. JohnsonU.S. Circuit Court for the District of Eastern Missouri · 1879
3Cited by77 opinions
- McLeod v. EvansWisconsin Supreme Court · 1886
- Officer v. OfficerSupreme Court of Iowa · 1903
- Continental National Bank v. WeemsTexas Supreme Court · 1888
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
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