Carlson v. Kies

Citations

• 75 Wash. 171
• 134 P. 808
• 1913 Wash. LEXIS 1692

Syllabus

<p>Banks and Banking — Deposits — Special Deposits — Liability. There was a special, and not a general deposit, which the bank holds as a trustee and not as a general debtor, notwithstanding that the bank commingled it with general funds, where it appears that the administrator of an estate took money belonging to heirs to the bank, stating that it was for safe keeping until the return of vouchers when' it was to be forwarded to the heirs by bank drafts, receiving from the cashier a receipt reciting that the money was “to be held until receipts are received from heirs. Then same to be forwarded by bank drafts.”</p> <p>Banks and Banking — Insolvency—Recovery oe Special Deposits. The receiver of an insolvent hank is liable for a special deposit, wrongfully commingled by the bank with its general funds, although the money cannot be identified, where an equal amount in cash remained in the bank until it suspended and passed to the receiver.</p>