Legal Opinion
Great Atlantic & Pacific Tea Co. v. Citizens' Nat. Bank
Court of Appeals for the Third Circuit
Decided August 28, 1933No. 5092PublishedCited by 5 opinions
1Opinion of the Court
DAVIS, Circuit Judge.
This is a bill in equity to recover as trust funds certain deposits of money and cheeks in an insolvent national banking institution. The District Court dismissed the complaint on the grounds that neither an express trust resulted from a deposit agreement between the Atlantic & Pacific Company and the Citizens’ National Bank, nor a constructive trust from the acceptance by the bank of deposits when insolvent. The Atlantic & Pacific Company appealed.
It appears that the Atlantic & Pacific Company was dissatisfied with its account in the Citizens’ National Bank for receiving…
2Cases cited4 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- In re BolognesiCourt of Appeals for the Second Circuit · 1918
- Quin v. EarleU.S. Circuit Court for the District of Eastern Pennsylvania · 1899
- Equitable Trust Co. of NY v. First Nat. Bank of TrinidadSupreme Court of the United States · 1928
3Cited by5 opinions
- Standard Oil Co. of New Jersey v. ElliottCourt of Appeals for the Fourth Circuit · 1935
- Santee Timber Corporation v. ElliottCourt of Appeals for the Fourth Circuit · 1934
- City Council v. ElliottCourt of Appeals for the Fourth Circuit · 1934
- In re Kountze Bros.District Court, S.D. New York · 1938
- Erie R. v. MizellDistrict Court, W.D. New York · 1934