Fulton v. Byrns

*22OPINION

By POLLOCK, J.

If the relationship existed between Byrns and the Sebring bank on the morning ol the 2nd, after the certificate account had been charged with the amount due on the certificate and the cashier’s check was issued, Mr. Byrns would only be a common creditor of this bank. If, on the other hand, by the issuing of this cashier’s check the amount of the check was segregated for the benefit of paying' the check, or, in other words, if held in trust by the bank, he is entitled to a preferred claim. The determination of the relationship in which the payee of the check stood to the…