Thomas H. Briggs & Sons, Inc. v. Allen

Are funds in tbe bands of an owner bank, due or to become due to a contractor erecting a building for said bank, and thereafter disbursed after notice from a material furnisher, subject to a preference asserted by such material furnisher against the liquidator of the bank?

The plaintiff as a material furnisher gave notice to defendant bank on 28 August, 1929, that it had not been paid for material so furnished' and used upon the property of the bank. The referee in his report states “that defendants, Raleigh Banking and Trust Company and Bankers Realty Company, entered into a contract with…