STATE ex rel. WALCOTT v. MUENCHMEYER

STATE ex rel. WALCOTT v. MUENCHMEYER
1925 OK 874
240 P. 1038
113 Okla. 211
Case Number: 15047
Decided: 10/27/1925
Supreme Court of Oklahoma

STATE ex rel. WALCOTT, State Bank Comm'r,
v.
MUENCHMEYER.

Syllabus

Error from District Court, Washington County; H. C. Farrell, Judge.

Action by the State of Oklahoma ex rel. Roy Walcott, as State Bank Commissioner, against A. E. Muenchmeyer. Judgment for defendant, and plaintiff brings error. Modified and affirmed.

J. T. McIntosh, M. W. McKenzie, and Norman Barker, for plaintiff in error.
Rowland & Talbott, for defendant in error.
Ames, Lowe, Richardson & Cochran, amicui curiae.

PHELPS, J.

¶1 The statement of facts, in substance, and the questions of law involved herein are identical with those in the case of State of Oklahoma ex rel. Roy Walcott, State Bank Commissioner, v. C. A. Zoll, No. 15046, this day decided, 113 Okla. 208, 240 P. 1035, and the opinion and syllabus of said case are adopted herein, and in addition thereto we affirm that part of the finding and judgment of the trial court that, inasmuch as $ 4,000 of the purchase price for the bank stock was paid for with certain municipal bonds and which bonds were found among the assets of the defunct bank, defendant in error be given a preference on his judgment in the sum of $ 4,000 over the claims of depositors and other creditors of the bank.