Rucker v. Kokrda

McDERMOTT, Circuit Judge.

Appellant carried a checking account at the First National Bank of Brighton. During hanking hours he presented cheeks for his balance of $3,410.25 at the paying teller’s window, which were paid in regular course partly in currency and partly by a draft. That night negotiations for a sale of the bank fell through, and the bank did not open the next morning.

Alleging that Rucker had been tipped off as to the failing condition of the bank by an assistant cashier, and that he cashed the checks in order to secure a preference over other depositors, the receiver sued at law…