Duncan v. Tunnicliffe, as Liqdr.

(Dissenting). — The appeal in this case was from an order sustaining a motion to dismiss the bill. The grounds of the motion were that there was no equity in the bill, that the complainant held a certificate of deposit which had not matured when the Bank closed and that she could not legally demand payment of her certificate prior to the date when the Bank closed, and thirdly that she did not file her claim as a preferred claim within one year.

The allegations of the bill well pleaded were admitted by the motion to dismiss.

These allegations show that the complainant had with the Bank a savings…