Fulton, Supt. v. Gardiner

By the Court.

The Court of Appeals was correct in indorsing the rule laid down in the case of State, ex rel. Toledo Theatres & Realty Co., v. Fulton, Supt. of Banks, 124 Ohio St., 360, 178 N. E., 585. The whole question here is whether or not plaintiffs below were entitled to a preference over general creditors, upon the statement of facts contained in the pleadings.

The question is between the general depositors of the Ohio Savings Bank &i Trust Company and the defendants in error.

The general depositors in effect claim that the bank in question was merely a collector of rents, and that the…