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, which was allowed as a common claim, adjudged to be a trust fund and allowed as a preferred claim. The case comes to us on appeal by defendants from an order overruling their demurrer to an amended petition.

The case was here before (137 Kan. 902, 22 P. 2d 442) on an appeal from a similar order. There the petition, briefly stated, alleged: Yeamans & Co. was a depositor in the bank, having a credit in its account of an amount in excess of a check given to plaintiff in New York; plaintiff…