Smith v. National Bank of Commerce

Appellant sued to recover what he alleged to be preferential payments made by an insolvent corporation to the respondent. From a judgment on the merits dismissing his action, he has appealed.

The story may be well told by quoting the trial court’s finding's of fact, which are terse and to the- point.

‘ ‘ That, for several years previous to the time of the appointment of the said plaintiff as receiver for the said company, the said company had been borrowing moneys from the defendant bank, with which to carry on its business, and on January 9, 1924, the said company borrowed from the defendant…