Walker Gilbert v. First St. Bk. of Alamogordo

OPINION OF THE COURT

PARKER, C. J.

Walker & Gilbert, a partnership, filed with the receiver of the appellee bank an application for a pref erred claim against, the assets of the bank, which application was denied by the receiver, and, upon appeal to the district court, the application was likewise denied. The facts concerning the claim are that the claimants owed two notes of $1,000 each to the bank, and remitted funds to the bank sufficient to pay the same with specific instructions to the bank to pay off the said notes with the same. The bank complied as to one of the notes, and as to the…