Kirby v. Wait

The opinion of the court was delivered by

Marshall, J.:

The action is one to have a debt owing by the Home State Bank declared a preferred claim against the assets of the bank in the hands of its receiver. Material parts of the petition summarized alleged that the defendant had in his possession $21,000 belonging to the plaintiff consisting of a special deposit which was designated On the books of the bank as the “GreenleafKirby loan account,” which had been held by the Home State Bank of Greensburg as a trust fund to be paid to the plaintiff upon his executing and delivering a release of a…