United States National Bank v. Glanton
Supreme Court of Georgia
Intervention. Before Judge Freeman. Troup superior court. September 16, 1916. At the instance of the State of Georgia a receiver was appointed for the Bank of West Point. The United States National Bank of Omaha, Nebraska, filed an intervention to the proceedings in the superior court, in which it sought the payment of a draft entrusted to the Bank of West Point for collection. By agreement of the parties the case_ was heard by the court without the intervention of a jury.
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Intervention. Before Judge Freeman. Troup superior court. September 16, 1916. At the instance of the State of Georgia a receiver was appointed for the Bank of West Point. The United States National Bank of Omaha, Nebraska, filed an intervention to the proceedings in the superior court, in which it sought the payment of a draft entrusted to the Bank of West Point for collection. By agreement of the parties the case_ was heard by the court without the intervention of a jury. The court held that the intervenor was a common creditor, and was not entitled- to any preference or priority over other…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) The question to be determined in this case is, whether the Hnited States Bank of Omaha, hereinafter called the intervenor, is entitled to a preference over general creditors of the insolvent Bank of West Point, by reason of the facts set out in the record. The solution of this question has been simplified by the clear statement of the contentions in the briefs of counsel for the respective sides. Both sides admit that there must be an identification of the funds collected by the *789insolvent bank, in tbe hands of the receiver, before there can be a…
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