Huey v. Rinehart

Litz, President:

This is a suit in equity by a depositor of an insolvent bank against tbe bank and its receiver to establish a preference in his favor as a creditor of the bank.

The ruling of the trial court, sustaining a demurrer to the bill, was certified under section 2, article 5, chapter 58, Code 1931.

The bill charges that The First Citizens National Bank of Pennsboro, West Virginia, because of financial stress, on October 16, 1931, suspended payment of cheeks drawn on it; that upon agreement of more than 90% of its depositors to refrain, during the period of its rehabilitation (not…