Baird v. First National Bank

Birdzell, Ch. J.

This is an appeal from an order overruling a demurrer to the complaint. The plaintiff sues as receiver of the Williams County State Bank to recover of the defendant on account of an alleged preference obtained by the latter while the Williams County State Bank was insolvent. The facts, as taken from the complaint, may be briefly stated.

On June 11, 1923, the Williams County State Bank was operating as a going bank, although it was insolvent and had been insolvent for some time prior thereto. On that date it suspended business and ceased payments to depositors. It was not open…