Smith v. Urquhart

(concurring).—Were it not for the prior agreement of the predecessor liquidator, the Chancellor would not have been justified in allowing interest on the preferred claim, there being no showing that the $15,000.00 was invested in interest bearing property at the time the bank was placed in the hands of the liquidator for winding up. See Everglades Cypress Co. v. Tunnicliffe, 107 Fla. 675, 148 So. 192; Bryan v. Duncan, 106 Fla. 357, 143 So. 353. Nor should a preferred claim ordinarily be ordered paid out of the assets of an insolvent bank without consideration being given to the effect of such…