Riley v. Riederer

The opinion of the court was delivered by

Wedell, J.:

The sole question presented by this appeal is whether plaintiff, appellee, is entitled to judgment for a preferred claim.

The parties involved in the appeal are John R. Riley, executor of the estate of Michael Lutz, deceased, plaintiff, and J. E. Hayes, receiver of the First National Bank of Holton, defendant. Judgment was for plaintiff, and defendant appeals, contending appellee is entitled to judgment for only a common claim.

Two trials are involved. In the first action it was the contention of appellee the bank had wrongfully taken…