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Bank Status of Township Funds To Be Decided in Hart Suit Jan. 15 Public Ranks Even Ahead of Lien on Loans by Correspondent Institution, Shelby Officials Insist. By Staff Correspondent Shelby Jan. -Interesting points law which may affect the status township funds deposited in Churchill and Webber private bank prior to its closing last April will be heard in the circuit court Jan rehearing granted by Judge Earl Pugsley at the request of Hinds, attorney for Shelby The rehearing was granted followrecent court opinion which held in the case of Rudolph E. state banking commissioner. VS. the United Savings bank of Tecumseh public funds have priority claim against cash hand and deposits banks in possession of a bank at the time of its closing In the case at hand. C. W. Tallant Shelby township treasurer, deposited $4,918.06 the and Webber prior to its closing The amount of hand in defunct bank the closing April 27 $891 including 50 cents in mutilated coin There were deposits of in the Old Kent Chase National bank New York and $8,160.73 in the Continental Illinois Bank and Trust company, Chicago, all correspondent banks Held as Under ordinary circumstances the bank might have the above items as cash on hand to be applied in the process of liquidation. matter of the latter together with $27,000 bonds 000 was held the Continental Illinois Bank and Trust company as lien against three loans made by the Chicago correspondent bank to the Shelby institution, totalling When the local bank suspended. the Chi cago the $8,160.73 as part payment of the lien During first stages of the receivership, funds collected in addi- hospital in Detroit, friends here have The doctor's average was more than 95 out of possible 100 points. Dr Drummond, who now with the New York medical center graduated from Grant High school with the class 1921. borrowed from the Peoples State Bank for Savings Muskegon. totalling between and $11,000 were applied on the lien and the edness was the security in bonds and notes being returned the Shelby receivers. In October hearing was held in Oceana Mr attorney Shelby sought to show that 73 should have ered as cash hand as such should have been treated priority claim At that time the given the public funds held in deposit at the time of closing of bank Judge Pugsley October held against counsel for the township on the that the deposit special deposit claimed by the township held funds deposited would have become special deposit if township officers had designated the purpose for which was Unlike the Reichert case, in which several deposited money the United Sav. ings which had been nated without obtain ing bonds from the bank as security Shelby designate and Webber bank as depository and Mr. Tallant failed to obtain Both Violate Statute. In the latter situation. counsel for the township holds that under the law both the bank and the treasurer violated provisions the ing statutes Counsel also adds that the law concerning designation of depository may be construed as only the statute reading that the township "may" desigdepository The raised in the rehearing should been cash hand available for priority distinguished from general claims whether receivers were right considering the appropriation the sum by the ent bank valid in decreasing the indebtedness the 000 in Whether the that the rehearing involves the affairs of private bank rather than state bank will make any substantial difference the is The court has the point that may other laws applying to the private bank as basis for ment At any rate. the hearing certainly will penetrate pioneer field. It is possible the case may reach the supreme court