Hill v. Miles
Supreme Court of Arkansas
Appeal from Union Chancery Court; R. L. Floyd, Special Chancellor; The funds deposited were trust funds and a special deposit. 5 Ark. 267; 36 Fed. 239; 137 U. S. 411; 52 Fed. 59; 104 U. S. 54, 77; I37 Id. 41U 133 Id. 696. 1. The deposit was not a special deposit, but a general deposit, and appellant was not entitled to a preference. 3 Am. 6 Fng.
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Appeal from Union Chancery Court; R. L. Floyd, Special Chancellor; The funds deposited were trust funds and a special deposit. 5 Ark. 267; 36 Fed. 239; 137 U. S. 411; 52 Fed. 59; 104 U. S. 54, 77; I37 Id. 41U 133 Id. 696. 1. The deposit was not a special deposit, but a general deposit, and appellant was not entitled to a preference. 3 Am. 6 Fng. Enc. of Taw, 823-4; 5 Ark. 297; 88 Wis. 367; 52 Fed. 59. 2. But, if a special deposit, appellant has no preference over general creditors. 52 Fed. 59; 137 U. S. 411; 104 Id. 54; 3 Maulé & S. 575; 58 N. W. 383; 2 Pom. Eq. Jur. § §, 1051, 1058; 13 Oh.…
1Opinion of the CourtRiddick, J.
This is a proceeding in equity in the' nature of an intervening petition by Warren J. Hill, treasurer of Union County, against W. J. Miles, receiver of the Bank of El Dorado, to recover certain funds belonging to the county which had been deposited by Hill in the bank before its failure, and to obtain possession of certain school warrants held by the receiver. The evidence shows that the predecessor of Hill in the office of county treasurer had kept the county funds in the Bank of El Dorado, and that when Hill took possession he received the funds in the bank and continued to keep the funds…
2Cases cited4 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- Philadelphia Nat. Bank v. DowdU.S. Circuit Court for the District of Eastern North Carolina · 1889
- Oswego Milling Co. v. SkillernSupreme Court of Arkansas · 1904
3Cited by4 opinions
- Bank of America National Trust & Savings Ass'n v. California Savings & Commercial BankCalifornia Supreme Court · 1933
- Talley v. StateSupreme Court of Arkansas · 1915
- Thomas v. WassonSupreme Court of Arkansas · 1935
- School District of Marion v. TaylorSupreme Court of Arkansas · 1929