South Carolina State Bank v. Citizens' Bank

Not being able to agree with the conclusion reached in the opinion of Mr. Acting Associate Justice Cothran in this case, I respectfully dissent.

This case comes to this Court on appeal by the Citizens' Bank, as receiver of Farmers' Merchants' Bank of Marion, S.C. and Latta, S.C. from an order of his Honor, Judge E.C. Dennis, directing the claim filed by the South Carolina State Bank, on behalf of L.B. Rogers, to be paid as a preferred claim. The pertinent facts and issues involved, substantively stated, are as follows:

The last day the said Farmers' Merchants' Bank was open for business was…