Amberg Schwab & Co. v. Commercial State Bank

The opinion of the court was delivered by

Harvey, J.:

This is an action to have a claim against a failed bank and its receiver established as a preferred claim. The trial court overruled a demurrer to the amended petition, and defendants have appealed.

It is alleged in the petition that plaintiff is a corporation, with its principal office in New York City; .that the defendant, the Commercial State Bank of Rosedale, hereinafter called the bank, was organized and conducted business under the banking laws of the state; that Del W. Yeamans & Company, Inc., was a depositor in the bank, and had to…