Sterling v. Tantum

Citations

• 28 Del. 409
• 94 A. 176
• 5 Boyce 409
• 1915 Del. LEXIS 23

Syllabus

<p>1. Banks and Banking—Attachment—Trust Companies—“Bank”.</p> <p>The conferring on a trust company, after its creation, of full banking powers, makes it a “bank”, within Rev. Code of 1915, § 4120, making all corporations, except banks, subject to the attachment laws; and this without regard to the department in which are held the funds sought to be reached.</p> <p>2. Trusts—Property Subject to Attachment.</p> <p>Apparently where it is the duty of a trustee to pay to his cestui que trust a sum of money, made certain by the terms of the trust, by an account passed by the trustee, by an agreement between them, or by an order of the court, the cestui que trust has an action at law against the trustee to recover such amount and it is attachable in the hands of the latter by a creditor of the former.</p>