Miller v. Viola State Bank

The opinion of the court was delivered by

Mason, J.:

On August 31, 1921, James Miller brought an action against the Viola State Bank seeking a recovery on two causes of action. He died during the litigation, and his administratrix was substituted as plaintiff. The bank was closed on October 20, 1921, and a receiver, subsequently appointed, has been made a defendant. On each cause of action a preferred claim was asserted and allowed. The receiver appeals, and contends not only that the claims are not entitled to a preference, but that they do not constitute any charge whatever against the bank…