In Re Garner Banking & Trust Co.
| Decision Date | 12 April 1933 |
| Docket Number | No. 261.,261. |
| Citation | 168 S.E. 813 |
| Court | North Carolina Supreme Court |
| Parties | In re GARNER BANKING & TRUST CO. |
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Appeal from Superior Court, Wake County; Sinclair, Judge.
Petition by the administrator of the estate of E. A. Johnson, deceased, for preference or priority of claim to funds in the hands of Charles Slocumb Gay, liquidating agent of the Garner Banking & Trust Company. Petition denied, and petitioner appeals.
Affirmed.
Petition by administrator for preference or priority of claim to funds in hands of liquidating agent of insolvent bank.
The Garner Banking & Trust Company had on deposit with itself to the credit of itself as executor of the estate of E. A. Johnson, deceased, the sum of $4,702.10 at the time it failed, July 13, 1931, because of insolvency. It had commingled this deposit, as well as others of a similar nature, with the moneys in its common till.
The petitioner's application for a preference to the funds in the hands of the liquidating agent was denied, and he appeals.
T. Lacy Williams, of Raleigh, for appellant.
Willis Smith and John H.Anderson, Jr., both of Raleigh, for appellee.
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