CALLAWAY v. WEST PALM BEACH ATLANTIC NAT. BANK

No. 7127.

69 F.2d 224 (1934)

CALLAWAY v. WEST PALM BEACH ATLANTIC NAT. BANK.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1934.


Attorney(s) appearing for the Case

A. Melrose Lamar, of West Palm Beach, Fla., for appellant.

Loren D. Simon, of West Palm Beach, Fla., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

This appeal presents the question whether, under the circumstances attending the making and receipt of a deposit made by the bankrupt, its appropriation by the bank against a debt due it effected a preference. These are the facts:

At the close of banking business on March 17, the West Palm Beach Atlantic National Bank and the Florida Embassy Club, a depositor, were mutually indebted. The club owed the bank $2,600, due, as the result...

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