Show D WOLSTENHOLME WINS EQUITY SUIT TIme lu Supreme me court handed down A decision today In Ib the cue case of C D Thim receiver of Os bankers ot of Idaho vs VI appellant reversing the Ju nl ot of the Third district court Ogden 1111 lilies judge Ud Three opinions WI In the came cae The opinion of till the court was u written by Justice Miner flu Dai kin writing a special oi l llon lon ion and nd Chief Justine JuaU flemish dissent t lug Action w flU by UI nJ lQ jiMi tM U r 0 1 t to have h a 1 trustee hunting Co a e rard cl the laws ot of doing business In Idaho In his hll lIfetime Charles hunting who 11 was president of 01 the h concern and to Novt November It Z 1104 InUred Insured ls I lICe HI inthe In Inthe the New York Tork IMe Insurance com coIn coman party an for In payment of the UIe first premium amounting to 1 hs executed his hla HOts 1101 du due Jill July I 1 1116 This nule flote w Was delivered to W C Fritter general agent of tta the insurance co coan corn pany an who d the same m to 10 the First National flank Daak ot of Upon the maturity ol of the lite not nol It WI was pre pms to C Co and uel paid Buntings Bunting account will tb the bink Ilk w was d W the amount as tIKI were wre two other uther premiums of sliPS each The w ol of the testimony though as there theN w was a consist showed Bunting Buntin had bat no mone Is II We the mink It at the time the note slid two were paid The Tb ell did sot all allege hi his Insolvency In solvency tat but accused bin ot of fraud In that h he ted dat tb mosey M to lit be paid when If he sad Mci no DO moDe money ot Jal hi own de deP deposited P posited lUeel In the be bank bailie and lac laM no credit tb there tl upon On Which lie inlaid draw dra or which ht ho was Sutherland ut to use In the of big ow own debts 41 died 0 on Y Ma 1 is elI and be tore fore his hll death he Ute hunt nee lace cy without wItt to the amount It called Lee The he t who was u ver set February 25 1100 claimed that ma from thus ta stat ot or facts lacta tUre thir rous a constructive trust In hi flyer eC at O C A Co ol by rim vir tat tue of whisk t It was to the e ia sit tile lbs pope The bank buk tailed filled tw fcc 1 aaI ass Judge JI 1111 held that Ui 0 amount of 1 tilt the policy belonged to tit the depositors ad credit creditors Front till this t the defendant helms TM Tb lIi t holds that b by gIving the not ta Fritter who mold 1014 the pease stid by paying the U hal bal anoe floe crt ef tI the Irit arealus and all receiving the tH lb I legal title tt to the M sMite Ita proceeds sad ull no tb t ISis of Gt premia V hr bbs oat of Ut the I ol c C d Cob 00 could er erate ate a seat ot fa Savor ec s Use or cells III The bode t IbM t the hasit li we hiatt f fee U ha I at t lb tw two P sad to top topa p pa a bank t a d With t I La Lt bet ta u t by tl the bank is the s nOte t Ort oust refuses to toa allow a us the roUM that Ut It wu was of 01 no 1 honeSt t t to D and 1 no et able bl lie M or arias It Its I It I Is UI then ordered and ortt decree dt be b entered I hi with the opinion Justice Baskin t in a le concurs In tb the eon n Md t tot ot of Justice JI M Cr f JIe h however h lisa S I 4 i epin loft Ion but b had J hot li lied th the earn up to a his bor hour this at I |