McLaughlin v. Park City Bank
Utah Supreme Court
Appeal from the Third District Court Summit County. Hon. Ogden Hiles, Judge. By this action Thomas Cupit, intervenor and appellant, seeks to ontain the proceeds of certain fire insurance policies in the hands of the receiver of the Park City Bank, and received by him at a time when Cupit, by virtue of his attachment levy, had a lien upon the property, upon which the buildings, afterwards burned, were situated, claiming that the receiver was a trustee for his benefit to the…
Read the full summary
Appeal from the Third District Court Summit County. Hon. Ogden Hiles, Judge. By this action Thomas Cupit, intervenor and appellant, seeks to ontain the proceeds of certain fire insurance policies in the hands of the receiver of the Park City Bank, and received by him at a time when Cupit, by virtue of his attachment levy, had a lien upon the property, upon which the buildings, afterwards burned, were situated, claiming that the receiver was a trustee for his benefit to the extent of the funds received. From a judgment denying the application of the intervenor the inter-venor appealed. “The…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
By his petition Thomas Cupit. seeks to obtain the proceeds of the fire insurance policies amounting to $5,000, in the hands of the receiver of the Park City Bank, and received by him at the time when Cupit, by virtue of his • *483attachment levy had a lien upon the property upon which the buildings were burned, and claims that McLaughlin, the receiver, was a trustee and a representative of a court of equity, and whether he was Cupit’s trustee for any other purpose than merely to see that this insurance money should go in satisfaction of the debt which the property it…
3Cases cited9 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Insurance Co. v. StinsonSupreme Court of the United States · 1881
- Collumb v. . ReadNew York Court of Appeals · 1862
- International Trust Co. v. BoardmanMassachusetts Supreme Judicial Court · 1889
- O'Bryan Bros. v. Glenn Bros.Tennessee Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
4Cited by9 opinions
- Pearson Mfg. Co. v. Pittsburgh Steamboat Co.Supreme Court of Pennsylvania · 1932
- Bradley & Metcalf Co. v. McLaughlinSupreme Court of Oklahoma · 1922
- Local Realty Co. v. Lindquist Et Ux.Utah Supreme Court · 1938
- Griffiths v. HammonUtah Supreme Court · 1977
- First Nat. Bank of Blanchard v. RichburgSupreme Court of Oklahoma · 1919
4 more not listed; retrieve them via the Exa API.