First National Bank of Pocatello v. C. Bunting & Co.

Citations

• 7 Idaho 27
• 59 P. 929
• 1900 Ida. LEXIS 3

Syllabus

<p>Public Moneys — Deposit in Bank, Trust Funds — Receivers.—Public moneys deposited in a bank in violation of law are trust funds, do not become the property or assets of such bank, and remain trust funds with title in the true owner after the appointment of a receiver and insolvency of the bank. State v. Thum, 6 Idaho, 323, 55 Pae. 858, affirmed.</p> <p>Estoppel. — A county whose funds have been unlawfully deposited in a bank, is not estopped from claiming such funds as a trust fund, by reason of its treasurer having received a pro rata payment thereon in common with general creditors.</p> <p>Right op Receivebs to Appeal — Costs.—A receiver has no right to appeal from an order or judgment made in the action in which he is appointed, without permission of the court appointing him, when he has no personal interest in such order or judgment, and, if he does so, the appeals should be dismissed at his personal cost, .and without cost to the estate in his hands.</p> <p>(Syllabus by the court.)</p>