City of Larned v. Jordan
Supreme Court of Kansas
Error from Pawnee District Court. At the general city election in April, 1892, F. J. Mathias was elected and in due time qualified as the treasurer of the city of Larned, in this state. In April, 1893, he was elected and in due time qualified and continued to perform the duties of treasurer until July 1, 1893, when he resigned. While city treasurer he was also cashier and general manager of the Pawnee County Bank, of which bank PI.
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Error from Pawnee District Court. At the general city election in April, 1892, F. J. Mathias was elected and in due time qualified as the treasurer of the city of Larned, in this state. In April, 1893, he was elected and in due time qualified and continued to perform the duties of treasurer until July 1, 1893, when he resigned. While city treasurer he was also cashier and general manager of the Pawnee County Bank, of which bank PI. Mathias, his father, was president, G. Krouch, vice-president, and G. Hartstein a stockholder. On March 7, 1893, F. J. Mathias received the sum of $5,121.74…
1Opinion of the Court
*128The opinion of the court was delivered by
PIoktoN, O. J. :
It is admitted in this case that the money deposited in the Pawnee County Bank was a trust fund, and never belonged to the bank. It is further admitted that the assets of the bank came into the hands of M. A. W. Jordan, as assignee, impressed with the trust. '(Myers v. Board of Education, 51 Kas. 87.) It seems also to be admitted upon the part of the defendant below that it would have been possible for the plaintiff, at the time the assignee took charge of the assets of the Pawnee County Bank, to have maintained this action to subject…
2Cases cited4 opinions
- McLeod v. EvansWisconsin Supreme Court · 1886
- Myers v. Board of EducationSupreme Court of Kansas · 1893
- City of Leavenworth v. RankinSupreme Court of Kansas · 1864
- Moline Plow Co. v. RodgersSupreme Court of Kansas · 1894
3Cited by10 opinions
- State v. ThumIdaho Supreme Court · 1898
- Phillips v. Yates Center National BankSupreme Court of Kansas · 1916
- State v. BruceIdaho Supreme Court · 1909
- Secrest v. OrganSupreme Court of Kansas · 1922
- Clingman v. HillSupreme Court of Kansas · 1919
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