Ex Parte Sanders

Mr. Acting Associate Justice C. C. Featherstone, Circuit Judge

(concurring) : Sanders, who is claiming a preference, had a check for more than $3,000.00 given him by a depositor of Bamberg bank.

The check was good; he presented it, and at his request got part of it in cash, and the balance in a draft on a bank in Charleston.

He held the draft for about fifteen days, and then presented it to Charleston bank, when payment was refused, for the reason that, in the meantime, Bamberg bank had failed.

At the time draft was given him, and for many days thereafter, Bamberg bank had on deposit, in…