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JUDGE AVIS DENIES PREFERENCE RIGHTS AT BANK TO COUNTY
Atlantic Board of Freeholders Sought Funds for Highway Bonds
MONEY HELD 'DEPOSIT'
U. S. District Judge John Boyd Avis yesterday ruled that a county having money on deposit in closed bank is not a preferred creditor. Sitting in federal court in Camden Judge Avis dismissed the suit of Atlantic county and the Atlantic county board of freeholders to recover $40,000 from the closed Chelsea Second National Bank and Trust Company. The suit was directed againnst the bank's receiver, Charles A. Faircloth, on the ground that $40,000 it had deposited in the institution was trust fund and that the county would therefore have preference over general depositors. The testimony and subsequent nonsuit arguments were on the question of whether the money was actually in trust or merely general deposit. Franklin E. Smith, county auditor and formerly assistant county treasurer, testified that the two checks were issued to bank by the county Jan. 14, 1933, to cover Atroad bonds for $40,000, maturing the next day One check covered this amount and the second check covered $7897.50 interest. Smith testified that it had been the custom of the bank to place such county moneys for maturing bonds or bond coupons in separate envelope and lay them aside, thus creating trust fund to pay off the bonds. In this case, he said, this procedure was not followed The bank closed its doors later Two former bank employes testified this was the bank's usual procedure. But one William H. Giberteller, said that this son, former note custom had been dropped and that the bank later placed such county moneys in a. separate account, drawing from this account to pay the bonds. Judge Avis referred to several U. Supreme Court decisions and stated that the county had not proved there was trust fund at the time the bank closed. Therefore, the county was merely general depositor and had no prior rights over other depositors The bond holders have agreed to accept tax anticipation notes in lieu of cash payment, it was announced. Robert K. Bell, of Ocean City, was counsel for the County Solicitor Edmund C. Gaskill, and former Judge Clarence L. Cole appeared for the county. Gaskill filed notice that he would appeal the decision to the U. S. Circuit Court of Appeals.