Brogan v. Kriepe

The opinion of the court was delivered by

Mason,- J.:

J. E. Brogan, for himself and 885 other persons similarly situated recovered a preferential judgment against the receiver of the Peoples State Bank of Coffeyville, which is insolvent, for money of which they were the 'beneficial owners which had been irregularly deposited in the bank. The receiver appeals.

The plaintiffs’ right to a general judgment against the receiver, entitling them to share proportionately with other creditors in the assets of the bank, is not disputed. The question presented is whether the money of the plaintiffs was…