SMITH v. ZEMURRAY

No. 7153.

69 F.2d 5 (1934)

SMITH v. ZEMURRAY.

Circuit Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing March 1, 1934.


Attorney(s) appearing for the Case

H. M. Voorhis, of Orlando, Fla., for appellant.

Hugh Akerman, of Orlando, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Another effort to escape the inexorable equality of distribution among creditors of failed banks, by asserting that the claimant is not a creditor but a beneficial owner of a fund held in trust, this case grounds the claim of preference on constructive fraud.

Appellee, holding a dishonored New York draft for $5,000 issued to him before it closed by the failed bank, claiming that the circumstances of its issuance raised a trust in...

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