Garrison v. Johnson

POLLOCK, District Judge.

This is an appeal from an order of a referee in bankruptcy allowing the claim of a receiver of a state bank in Kansas as preferred and giving it priority over the claims of general creditors of the bankrupt. On certification the bankruptcy court approved the order.

The referee held that under the facts that part of section 64b (5) of the Bankruptcy Act, 11 USCA § 104(b) (5) applied, and that the claim of the receiver was not nullified by section 67f of the act, 11 USCA § 107(f). In support of this holding the able referee wrote a strong opinion.

The facts disclosed by…