In re Bank of United States

Sherman, J. (dissenting).

Petitioner filed proof of claim with the Superintendent of Banks, as provided by law, as a general creditor of the Bank of United States with which he had a deposit balance of $253.94 when the bank closed on December 10, 1930. Upon the theory that his claim had been rejected by the Superintendent of Banks, petitioner brought an action in the Municipal Court of the City of New York against the Bank of United States, the precise nature of which suit is not disclosed in the record. The bank appeared as defendant in that action, by the Superintendent of Banks, and…