#### In re GARNER BANKING AND TRUST COMPANY, CHARLES SLOCUMB GAY, Liquidating Agent.

(Filed 12 April, 1933.)

Appeal by petitioner from Sinclair, J., at October Term, 1932, of 'Wake.

Petition by administrator for preference or priority of claim to funds in bands of liquidating agent of insolvent bank.

Tbe Garner Banking and Trust Compány bad on deposit with itself to tbe credit of itself as executor of tbe estate of E. A. Johnson, deceased, tbe sum of $4,702.10 at tbe time it failed, 13 July, 1931, because of insolvency. It bad commingled tbis deposit, as well as others of a similar nature, with tbe moneys in its common till.

Tbe petitioner’s application for a preference to tbe funds in tbe bands of tbe liquidating agent was denied, and be appeals.

T. Lacy Williams for appellant.

Willis Smith and- John H. Anderson, Jr., for appellee.

Pee. Oueiam:.

Affirmed on authority of Roebuck v. Surety Co., 200 N. C., 196, 156 S. E., 531, Bank v. Corp. Com., 201 N. C., 381, 160 S. E., 360, Hicks v. Corp. Com., 201 N. C., 819, 161 S. E., 545.