Daugherty v. Canal Bank & Trust Co.

HIGGINS, Justice.

This is a suit by a cestui que trust, to recover from the trustee, a bank which is now in liquidation, the sum of $1,665.22, representing income derived from the trust estate.

The defendant adniits that it acted as trustee for the plaintiff and collected the amount in question as income from the trust estate and deposited it to the credit of plaintiff, pri- or to March 1, 1933, in the trust department of the bank, but denies that it can legally pay the plaintiff’s claim in full, because the-funds were commingled with the bank’s general funds in the vault, and because the…