In Re Lomax v. Linn County Bank

— This is a claim of one E. M. Lomax, Trustee, against the Linn County Bank (hereinafter called the bank) and C. E. Green-lee, Deputy Commissioner of Finance. The bank became insolvent on March 6, 1925, and is now being liquidated and wound up by the deputy commissioner. Plaintiff seeks to have a preferred claim allowed to be paid out of the general assets of the bank now in the hands of the deputy commissioner. The court refused to allow the claim as a preferred one but directed that it be allowed as a general claim. Plaintiff has appealed.

The facts show that Lomax was trustee under the will…