In Re the Liquidation of Home Savings Bank

Petitioner, appellant, contends that it is agreed that appellant paid the amount of the deposit and took an assignment and subrogation receipt. If the court decides that the deposit was money of the United States and was entitled to priority as such within the contemplation of section 3466, Rev. Stat. of U. S., the appellant will be subrogated to all priority rights of the United States. Appellee concedes this.

The respondent, appellee, contends that having elected to file its assignment and subrogation receipt without claiming a preference, petitioner is now estopped from seeking a preference.