#### BALTIMORE TRUST COMPANY, Trustee, v. GURNEY P. HOOD, Commissioner.

(Filed 15 March, 1933.)

Appeal by defendants from Sink, J., at June Term, 1932, of BUNCOMBE.

Civil action by plaintiff, as substituted trustee, to establish preference or priority of claim for $52,242.79 against funds in hands of liquidating agent of Central Bank and Trust Company, said amount having been deposited for a specific purpose and misused or misapplied by the bank prior to its insolvency and closing, 19 November, 1930.

From a judgment for plaintiff, the defendants appeal

Alfred S. Barnard for plaintiff.

Johnson, Smaihers & Rollins for defendants.

Pee Cueiam.

Affirmed on authority of Safe Deposit Co. v. Hood, Comr., ante, 346, Flack v. Hood, Comr., ante, 337, Post No. 70 of the American Legion v. Trust Co., ante, 342, and Trust Co. v. Hood, Comr., post, 777.

Affirmed.