Huntington Natl Bank v. Fulton

OPINION

By GUERNSEY, J.

Subsequent to the pronouncement of the decision in this case, the case of Ira J. Fulton, Superintendent of Banks v The Escanaba Paper Company, No 24692, (139 Oh St 90), and Ira J. Fulton, Superintendent of Banks v The University of Dayton et. No. 24734, were decided by the Supreme Court of Ohio, and in the third subdivision of the syllabus of these cases, the' following rule-was laid down:

“Before the depositor’s claim for preference in the distribution of the assets of an insolvent bank may be allowed, he must be able to trace the fund to which he asserts title into ■…