Fulton v. Paper Co.

2 Citing cases

  1. Staley v. Kreinbihl

    89 N.E.2d 593 (Ohio 1949)   Cited 9 times

    It is doubtful whether the decisions of this court would recognize such a lien against all the assets which passed from Judge Crow to his executors. See Smith et al., Trustees, v. Fuller et al., Assignees, 86 Ohio St. 57, 99 N.E. 214, L.R.A. 1916C, 6, Ann. Cas. 1913D, 387, paragraph five of the syllabus; Fulton, Supt. of Banks, v. B.R. Baker-Toledo Co., 128 Ohio St. 226, 234, 190 N.E. 459, 93 A.L.R. 933; Fulton, Supt. of Banks, v. Escanaba Paper Co., 129 Ohio St. 90, 105, 193 N.E. 758; Squire, Supt. of Banks, v. American Express Co., 131 Ohio St. 239, 2 N.E.2d 766, paragraphs 10 and 11 of the syllabus. But see Squire, Supt. of Banks, v. Branciforti, 131 Ohio St. 344, 2 N.E.2d 878, paragraph six of the syllabus; Klaustermeyer v. Cleveland Trust Co., Assignee, 89 Ohio St. 142, 105 N.E. 278.

  2. Stickle v. Guardian Tr. Co.

    14 N.E.2d 600 (Ohio 1938)   Cited 2 times
    In Stickle v. Guardian Trust Co., 133 Ohio St. 472, 485, 488 (14 N.E. [2d] 600), the trust company deposited funds of which it was executor and trustee in its own bank as a savings account.

    The plaintiff makes no claim for any preferential right in the fund arising from any assessment of double liability of the bank's stockholders for the reason, as stated by him, that the Constitution sets this up for the benefit of all of the depositors of the banking corporation and the Legislature had no power to give any preferential rights thereto to any particular claims. The plaintiff in his brief also recognizes the principle laid down in the first paragraph of the syllabus of Fulton, Supt. of Banks, v. Escanaba Paper Co., 129 Ohio St. 90, 193 N.E. 758, reading as follows: "In order to assert successfully a claim for preference in the distribution of the assets of an insolvent bank, a depositor must establish legal or equitable title to the deposits he has made. If title to the funds deposited has passed to the bank he becomes a creditor and, as such, has no valid claim for preference."