Ex Parte Sanders

Mr. Chiee Justice BeEase

(dissenting) : This appeal involves the right of the petitioner, G. D. Sanders, who is appellant here, to a preferred claim upon the assets of the Bamberg Banking Company, an insolvent banking corporation. His claim arises out of certain facts, admitted by all the interested parties, as follows:

On December 31, 1930, G. D. Sanders, in person, presented to the bank a check drawn by one of the depositors of the bank against his deposit account for $3,273.34, payable to M. K. Sanders and properly indorsed by the payee. At the time the bank had plenty of cash in its vault…