Fulton, Supt. of Bks. v. Ferguson

185 N.E. 887, 44 Ohio App. 365, 13 Ohio Law. Abs. 330, 1932 Ohio App. LEXIS 253

• Court: Ohio Court of Appeals
• Decided: December 19, 1932
• Docket: No 530
• Status: Published

Opinion

RICHARDS, J.

Following the statutory requirement, the pleading must be liberally construed, and so construed it states a good cause of action.

It will be observed from the' averments of the pleading that the claimant has not mingled any other money with the deposit which he made of the proceeds of his bonus certificate, and that the same was not deposited in a savings department of the bank nor on interest. The identity of the fund has thus been preserved and the claim is entitled to preference under the Federal statute. The judgment allowing the preference must be affirmed on authority of Ramisch v Fulton, etc., 41 Oh Ap, 443, (11 Abs 346).

Judgment affirmed.

WILLIAMS, J, concurs.