Wilson v. Baker Clothing Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. Action by a receiver of an insolvent bank to recover from a depositor money which such depositor cheeked out of the bank. Demurrer to the complaint sustained and judgment of dismissal entered.
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APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. Action by a receiver of an insolvent bank to recover from a depositor money which such depositor cheeked out of the bank. Demurrer to the complaint sustained and judgment of dismissal entered. Cases involving the liability of a depositor of a bank who, with knowledge of its insolvency, has withdrawn his money therefrom are not numerous, and by far the greater number have been determined under particular statutes. (McGregor v. Battle, 128 Ga. 577, 58 S. E. 28, 13 L. R. A., N. S.,…
1Opinion of the CourtSulliyan, J.
This is an appeal from a judgment of dismissal entered on an order sustaining the respondent’s demurrer to the appellant’s amended complaint. The action was brought by the receiver of the State Bank of Commerce of Wallace against the defendant corporation, the Baker Clothing Company, to .recover the sum of $2,000, which the amended complaint alleges was fraudulently withdrawn from said bank by the respondent in contemplation of said bank’s insolvency, and for the purpose and with the intent of securing to the defendant corporation a preference over other creditors and depositors of said bank.
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2Cases cited4 opinions
- Bank of Montreal v. J. E. Potts Salt & Lumber Co.Michigan Supreme Court · 1892
- McGregor v. BattleSupreme Court of Georgia · 1907
- Kemmerer v. PollardIdaho Supreme Court · 1908
- Hills v. Stockwell & Darragh Furniture Co.U.S. Circuit Court for the District of Western Michigan · 1885
3Cited by14 opinions
- Smith v. Great Basin Grain Co.Idaho Supreme Court · 1977
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- Fetty v. DL Carlson Enterprises, Inc. (In Re Carlson)United States Bankruptcy Court, D. Idaho · 2010
- Berwick v. Associated Gas & Electric Co.Court of Chancery of Delaware · 1934
- Moser v. Pugh-Jenkins Furniture Co.Idaho Supreme Court · 1918
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