Joseph Rucker Lamar

“ The proceeding is by Schuyler, Chadwick, & Burnham, to recover trust funds which they claim to have traced into the possession of Brown & Company's trustee in bankruptcy. The case involves an application of the rule that where one has deposited trust funds in his individual bank account, and the mingled fund is at any time wholly depleted, the trust fund is thereby dissipated, and cannot be treated as reappearing in sums subsequently deposited to the credit of the same account. ”

“ There is no controversy about the law, but a complete disagreement about matters of fact where it is necessary to decide with certainty, on the one hand, the exact time and order in which a series of checks were deposited ”

“ Money was paid by Brown & Company to outsiders and to the bank. Payments to the bank were made on account of notes, some of which represented loans appearing in the deposit account, and others represented loans which had not been so entered. Some of the loans were secured and others were unsecured, and whether the money received from Miller (which included the trust fund of $9,600) was used to pay the secured or unsecured loans does not appear with certainty. ”