#### POLK COUNTY v. GURNEY P. HOOD, Commissioner.

(Filed 15 March, 1933.)

Appeal by defendant from Schendc, J., at April Term, 1932, of Polk.

Civil action to establish preference or priority of plaintiff’s claim for $847.84 against funds in hands of liquidating agent of First Bank and Trust Company of Tryon, said amount haying been deposited for a specific purpose and held by the bank, without application to designated purpose, when it became insolvent, 21 November, 1930.

From a judgment for plaintiff, the defendants appeal.

M. R. McOown for plaintiff.

J. S. Massenburg for defendant.

Per Cueiam.

Affirmed on authority of Parker v. Trust Co., 202 N. C., 230, 162 S. E., 564, and Flack v. Hood, Comr., ante, 337.

Affirmed.