Commonwealth v. Globe Indemnity Co.

Hirt, J.,

This ease is before the court on statutory demurrer.

Garner D. Palmer, the use-plaintiff, in his statement, alleges that Edward F. Shugart, justice of the *138peace, in 1933 received from him certain securities to be converted into cash, the proceeds to be used for the payment of certain bad checks which were the subject of a criminal prosecution. Shugart sold the securities, paid the losses of the holders of the checks and the costs of the criminal proceeding, and died on October 22, 1933, insolvent, having failed to pay Palmer $150, the balance of the fund remaining in his hands after…