Chetopa State Bank v. Farmers & Merchants State Bank

*464The opinion of the court was delivered by

Harvey, J.:

This is an action against a receiver of a state bank for the amount of a draft issued by the bank before the receiver was appointed and to have the same declared a preferred lien upon the assets in the hands of the receiver. There was a trial to the court, which rendered judgment for plaintiff as prayed. The defendant has appealed and concedes that the claim should be allowed, but objects to that part of the judgment making it a preferred claim.

There is not much controversy about the facts. At the time the draft in question was issued there…