Andrew v. Security Trust & Savings Bank

(dissenting) — I deem it proper to state my reasons for disagreeing with the majority opinion in this case.

On or about June 16, 1930, the superintendent of banking was appointed receiver of the Security Trust & Savings Bank, of Fort Dodge, Iowa. After said appointment the appellees herein filed their claim and petition of intervention wherein they sought to have their claim against the receiver established as a preferred claim.

The facts of the case are not in serious dispute. The appellees are a partnership. May 17, 1930, was a Saturday, and, according to the custom of said bank, it was open…