O'NEAL v. WHITE

No. 3926.

79 F.2d 835 (1935)

O'NEAL v. WHITE.

Circuit Court of Appeals, Fourth Circuit.

November 12, 1935.


Attorney(s) appearing for the Case

J. O. Carr, of Wilmington, N. C., for appellant.

R. A. Nunn and W. B. R. Guion, both of New Bern, N. C., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is a suit to declare assets in the hands of the receiver of a failed national bank subject to a trust, because of the sale by the bank of certain bonds which it held in trust for plaintiff. It is stipulated that the bank received in payment of the bonds checks drawn by two of its customers on their accounts with it; and there is no showing that its assets were augmented in this or in any other way as a result of the conversion and sale...

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