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Article Text
No. 20,613.
The Arnold Investment Company, Appellee.
vs.
The Citizens State Bank of Chautauqua et al., Appellants.
Appeal from Chautauqua County.
REVERSED.
By the Court. Mason, J.
Syllabus.
The owner of money fraudulently obtained and used in the business of an insolvent bank, by its cashier, is not entitled to repayment by the receiver, in preference to other creditors, except so far as he shows that the assets which reached the hands of the receiver were larger by reason of such transaction that they would otherwise have been; it is not enough to show that the assets of the bank were increased, or that the money was used in reducing its indebtedness.
All the Justices concurring.
A true copy.
Attest:
[Seal.] D. A. VALENTINE,
Clerk Supreme Court.