Custer County v. Walker

Citations

• 10 S.D. 594
• 74 N.W. 1040
• 1898 S.D. LEXIS 44

Syllabus

<p>1. The deposit in defendant bank by the county treasurer, to the credit of his trust account, of §1,000 previously borrowed from said bank on his individual note, constitutes such money a trust fund, not subject to hfs individual .debts without the consent of the county.</p> <p>2. A county treasurer borrowed $1,000 from defendant bank on his individual note, and then deposited it to his account as county treasurer, presumably to take the place of funds previously collected for the county. Thereafter the bank delivered to the treasurer drafts, including one for the $1,000, payable to his order as county treasurer, which were exhibited by him to the county commissioners, and his accounts settled in reliance thereon. Held, that the bank was estopped from claiming a lien on the $1,000 on account of the loan, or from setting up an agreement with the treasurer, that, if the note was not paid in full, the balance was to be charged back to the account.</p>