SPURWAY v. KELLOGG

Nos. 6525, 6772.

63 F.2d 883 (1933)

SPURWAY v. KELLOGG. SAME v. E. CULVER & CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 1, 1933.


Attorney(s) appearing for the Case

Charles R. Pierce, of Miami, Fla., for appellant.

Otto C. Stegemann, of Miami, Fla., for appellee Kellogg.

Frank E. Bryant, of Miami, Fla., for appellee E. Culver & Co.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

These are appeals from decrees in separate suits charging the funds of the bank in the hands of the receiver with a trust to pay moneys collected by the bank for appellees. In immaterial details only are these cases different; as concerns the substance of the right claimed and the question presented, they are the same. That question is whether the owner of moneys collected by a failed bank as agent and deposited by it to its credit in a particular...

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