Fourth Street National Bank v. Yardley

By a bill filed in the circuit court of the United States for the Eastern district of Pennsylvania appellant sought to subject moneys in the hands of the receiver of the Keystone National Bank to the satisfaction of an alleged equitable charge or lien thereon. From a decree dismissing the bill an appeal was taken to the circuit court of appeals for the Third circuit. The latter court thereafter certified to this court two questions of law arising upon the facts stated, which facts are set out in the margin hereof.

The following are the questions propounded:

'First. Do the above-stated facts show an equitable assignment by the Keystone National Bank to the Fourth Street National Bank of twenty-five thousand dollars of the fund, consisting of cash and collection items or drafts as aforesaid, belonging to the Keystone National Bank in the hands of the Tradesmen's National Bank?

'Second. If the stated facts do not show such equitable assignment of the whole twenty-five thousand dollars, do they show such equitable assignment of the cash so in the hands of the Tradesmen's National Bank, Namely, the sum of nineteen thousand seven hundred and tewnty-five and 62/100 dollars?'

Samuel Dickson and R. C. Dale, for appellant.

Silas W. Pettit, for appellee.

[Argument of Counsel from pages 638-643 intentionally omitted]

Mr. Justice WHITE, after stating the case, delivered the opinion of the court.