Jameson v. First Savings Bank & Trust Co.

BRICE, Justice.

This is a proceeding to establish a preference claim of $14,330.10, and, failing that, then a claim of $9,000 out of the funds of the First Savings Bank & Trust Company of Albuquerque, a New Mexico banking corporation (hereinafter referred to as “the bank”), now in the hands of a receiver. At the close of claimant’s (appellant’s) testimony, a motion made by defendants (appellees) that such claim be denied was sustained by the court. From a judgment denying the claim, this appeal is prosecuted.

The facts, as we must view them, are substantially as follows: About 11 o’clock a. m.…