Clarke v. Ripley Saving's Bank & Trust Co.

I. concur in the opinion of the majority that the petitioner, S. A. Howard, deposited in the Ripley Savings Bank and Trust Company a sum of $2,500 and that he did not loan the amount to the Partee Insurance Agency.

I do not concur in the opinion that the petitioner is judicially estopped to make his claim against the Bank by reason of his claim in the Bankruptcy Court against the estates of Partee, Majors and Stewart.

In the case of State v. Ripley Sav. Bank & Trust Company, 25 Tenn. App., 490, 160 S. W. (2d), 189, opinion by Judge ‘Ketchum, arising out of the same bank failure, the president,…