Legal Opinion · Dissent

Reicheldifer's Appeal

Superior Court of Pennsylvania

Decided October 10, 1934No. Appeal 302Published

1Dissent

Dissenting Opinion by

Keller, J.:

The opinion of the court in this case goes beyond the recent decisions of the Supreme Court (Cameron v. Carnegie Trust Co., 292 Pa. 114; Mehler’s App., 310 Pa. 25), on which it purports to rely as authority, and runs counter to the rule that has been in force in this .State for many years, viz., that a trust creditor, in order to secure a preference over general creditors— and still more, over creditors preferred by statute, such as depositors of a bank — must trace the fund claimed into some specific property, fund, security or account of the insolvent bank,…

2Cases cited12 opinions

  1. Cameron v. Carnegie Trust Co.Supreme Court of Pennsylvania · 1928
  2. Lebanon Trust & Safe Deposit Bank's Assigned EstateSupreme Court of Pennsylvania · 1895
  3. Mehler's AppealSupreme Court of Pennsylvania · 1932
  4. Iron City Nat. Bank v. Fort Pitt Nat. BankSupreme Court of Pennsylvania · 1893
  5. Commonwealth v. Tradesmen's Trust Co.Supreme Court of Pennsylvania · 1915

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