Gardiner v. Fulton
Gardiner v. Fulton
Opinion of the Court
The admitted facts stated in the pleadings disclose that the rentals received by
Our opinion is that by no manipulation of the bank, either by commingling the rentals with other funds, or by otherwise using the same, could the trust imposed by the agreement be divested and the relationship created thereby be converted into that of mere debtor and creditor. Our conclusion, threfore, is that the $4,500.00 received by the bank from The Commodore Perry Hotel Company as rentals is entitled to priority over the claims of general creditors and it is so ordered.
Decree accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.