BARTHOLF v. MILLETT

No. 7799.

22 F.2d 538 (1927)

BARTHOLF v. MILLETT.

Circuit Court of Appeals, Eighth Circuit.

October 29, 1927.


Attorney(s) appearing for the Case

Walter M. Appel, of Denver, Colo. (Ira C. Rothgerber, of Denver, Colo., on the brief), for appellant.

Horace Phelps, of Denver, Colo., for appellee.

Before LEWIS, Circuit Judge, and POLLOCK and SCOTT, District Judges.


LEWIS, Circuit Judge.

The trial court decided that Mark Bartholf did not have a right of preference to payment of his claim for $9,940.79 out of the assets of the Drovers' National Bank in the hands of its receiver, who was appointed because of the bank's insolvency; and that is the issue presented on this appeal. After the suit was instituted Bartholf died, and it has been revived in the name of his personal representative.

The facts on which the issue must...

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