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Abstract

The petitioner accompanied a bid on construction work with two certified checks drawn on the M Bank and payable to the government. On rejection of the bid the checks were returned, but in the meantime the drawee bank had been closed. The petitioner presented the checks to the receiver of the defunct bank who refused to honor them as preferred claims. An Illinois statute provided that when a bank has presented to it for payment an item drawn upon such bank, and such bank shall fail after having charged such item to the account of the drawer but without having paid the same, the assets of the bank shall be impressed with a trust in favor of the owner of the item. Held, that the statute applied and the petitioner was entitled to a preferred claim. McQueen v. Randall, (Ill. 1933) 187 N. E. 286.

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