Bankers Agricultural Credit Corp. v. Maize State Bank

The opinion of the court was delivered by

Johnston, C. J.:

This was an action brought against the receiver of a failed bank to establish his right to a fund claimed as preferred. A demurrer to plaintiff’s evidence was sustained, from which ruling the plaintiff, claiming the preference, has appealed.

O. Riley owed the plaintiff a debt of $527.58, which was secured by a chattel mortgage on Riley’s cattle and other property. Riley held a public sale and sold the mortgaged property. He was also indebted to the Maize State Bank, so he employed F. P. Bowen, cashier of the Maize State Bank, to act as…