Miller v. Andrew

The Mid-West State Bank, of Sioux City, closed its doors on November 13, 1925. The receiver gave to the claim of John Miller the classification of that of a depositor. It is the claimant’s contention that his claim is entitled to be classified as a preferred claim, — a trust fund which passed into the hands of the receiver. Upon trial as to that issue, the trial court held with the claimant, and the receiver appeals.

There is very little, if any, controversy as to the facts. Several years prior to the closing of the bank, the claimant purchased from that institution' a $4,000 note, secured by…