Zimmerman v. Central Union Bank
Zimmerman v. Central Union Bank
Opinion of the Court
The opinion of the Court was delivered by
The appellants in this case, Erskine College and Hunter A. Gibbes, are petitioners in the receivership cause affecting the Central Union Bank of South Carolina. At the time the bank closed they were depositors, and they also were debtors to the bank on certain notes.
The material facts affecting the claims of these appellants are the same as those involved in the case of Ex parte Mechanics Federal Savings and Loan Association (In re Zimmerman v. Central Union Bank), 18 S. E. (2d), 592, decided this day, and the rulings made in that case are decisive of the issues in the present appeal.
Consequently, to the extent of the amounts of the deposits of these two claimants, less any dividends that ri have been collected by them, they are entitled to recover
The decision of the Circuit Court is reversed, and the cause is remanded for the entry of judgment in favor of appellants in accordance with this opinion.
Dissenting Opinion
(dissenting) :
This case involves the same issues that are involved in the case of Ex parte Mechanics Federal Savings and Loan Association of Rock Hill, South Carolina (In re Simpson J. Zimmerman, as conservator of the Central Union Bank of South Carolina v. Central Union Bank of South Carolina et al), 18 S. E. (2d), 592, and was heard on appeal along with that case. Mr. Justice Baker has written an opinion in which he says: βThe material facts affecting the claims of these appellants are the same as those involved in the case of Ex parte Mechanics Federal Savings and Loan Association (In re Zimmerman v. Central Union Bank), 18 S. E. (2d), 592, decided this day, and the rulings made in that case are decisive of the issues in the present appeal.β
For the reason assigned by me in my dissenting opinion in the case of Ex parte Mechanics Federal Savings and Loan Association (In re Zimmerman v. Central Union Bank), I must dissent from the opinion of Mr. Justice Baker in this case.
I think the decree of the Circuit Court in this case should be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.