KELLEY v. DOEPKE

No. 6825.

63 F.2d 885 (1933)

KELLEY v. DOEPKE.

Circuit Court of Appeals, Fifth Circuit.

March 9, 1933.


Attorney(s) appearing for the Case

H. C. Tillman, of Tampa, Fla., for appellant.

Donald C. McMullen, of Tampa, Fla., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Plaintiff's suit was to trace into funds coming into the hands of the receiver $2,200 collected for him by the bank, and fix a trust on those funds. It failed below because the District Judge thought plaintiff had not traced his moneys into the receiver's hands.

We think the District Judge was right. The facts are stipulated. They are: In payment of a note and mortgage which appellant had left, for collection only, with the First...

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