Rugger v. Hammond

Citations

• 95 Wash. 85
• 163 P. 408
• 1917 Wash. LEXIS 779

Syllabus

<p>Banks and Banking — Insolvency — Trust Fund — Following Trust — Burden of Proof — Evidence—Sufficiency. In an action to recover from the receiver of an insolvent bank money collected by it and held in trust for the plaintiff, it is not enough to prove the trust relation and that the money physically became a part of the bank assets; but the burden is upon plaintiff to clearly and satisfactorily show that his money in its original or substituted form is in the hands of the receiver; and this is not done where it appears that, when it collected the money nine months before insolvency, the bank repudiated the trust and wrongfully credited the money to another, to whom it paid part of it, and presumably used the balance indiscriminately with other assets during that time.</p> <p>Appeal — Review—Findings—Exceptions—Question for Jury. In order to secure a review on appeal, exceptions to findings of fact as required by Rem. Code, § 383, may be filed on the 5th day following the signing of the findings.</p> <p>Banks and Banking — Insolvency—Claims—Interest. A general creditor of an insolvent bank on account of money collected and held in trust is entitled to interest on the amount due from the date of demand made therefor.</p> <p>Appeal — Costs on Appeal. Appellant, successful upon the whole controversy in the supreme court as to a preference right, is entitled to costs on appeal.</p>