Legal Opinion

In Re Trust Co.

Supreme Court of North Carolina

Decided April 12, 1933PublishedCited by 4 opinions

1Opinion of the Court

Petition by administrator for preference or priority of claim to funds in hands of liquidating agent of insolvent bank.

The Garner Banking and Trust Company had on deposit with itself to the credit of itself as executor of the estate of E. A. Johnson, deceased, the sum of $4,702.10 at the time it failed, 13 July, 1931, because of insolvency. It had commingled this deposit, as well as others of a similar nature, with the moneys in its common till.

The petitioner's application for a preference to the funds in the hands of the liquidating agent was denied, and he appeals. Affirmed on authority of…

2Cases cited3 opinions

  1. First & Citizens National Bank v. Corporation CommissionSupreme Court of North Carolina · 1931
  2. State Ex Rel. Roebuck v. National Surety Co.Supreme Court of North Carolina · 1931
  3. State Ex Rel. Hicks v. Corporation CommissionSupreme Court of North Carolina · 1931

3Cited by4 opinions

  1. Andrews v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1935
  2. Security National Bank v. BridgersSupreme Court of North Carolina · 1934
  3. Stickle v. Guardian Trust Co.Ohio Supreme Court · 1938
  4. Masonic Foundation v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1936

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