State Ex Rel. Hicks v. Corporation Commission

161 S.E. 545, 201 N.C. 819, 1931 N.C. LEXIS 112

• Court: Supreme Court of North Carolina
• Decided: December 23, 1931
• Status: Published

Opinion

Pee Otjeiam.

There is no error in the judgment in this action that the relator, W. L. Hicks, guardian of Glenn Hawkins, Joseph Hawkins and Hazel Hawkins, infants, recover of the defendants the sum of $3,000, with interest and costs.

There is error, however, in so much of the judgment as orders and adjudges that the relator has a preferred claim on the assets of the Farmers Bank and Trust Company, now in the hands of the Corporation Commission or its successor, the Commissioner of Banks of North Carolina, or of the defendant, John D. Biggs, liquidating agent. See Bank v. Corp. Com., ante, 382, 160 S. E., 360. Roebuck v. Surety Company, 200 N. C., 196, 156 S. E., 531. Neither the relator nor the sureties on the bond of the Farmers Bank and Trust Company as guardian are entitled to preference in the distribution of its assets among' the creditors of the insolvent bank. The judgment as modified in accordance with this opinion is affirmed.

Modified and affirmed.