Huggins v. Commercial & Savings Bank

(dissenting) : This is an action at law to recover the sum of $3,000.00, with interest, the amount of a deposit made by the plaintiff with the Citizens’ Bank of Timmonsville, on August 16, 1919, for which no account has ever been made by said bank. The plaintiff claims that the defendant, Commercial & Savings Bank, of the same place, is liable to him for said deposit by reason of the fact that on October 5, 1922, when the Citizens’ Bank was “embarrassed and in imminent danger of insolvency,” it transferred to the defendant all of its assets, including the $3,000.00 of the plaintiff then to…