*1 1014 Andrew v. St. Bank. Farmers .injuries it is not applicable received where the servant is engaged in rendering .voluntary some service not connected with subject Lindquist employment. King’s of the Crown Co., 107; Plaster 139 Mfg. Stodden v. Anderson & Winter Co., 398; Creamery 138 Iowa Hitchcock v. Arctic Co., 170 Iowa 352; Byram v. Illinois Co., 631; Cent. R. 172 Iowa Haller v. Quaker Co., Oats 181 Iowa 389. plaintiff that, was claimed at the time he received the

injuries, engaged he was in assisting Fay Dodd and Davenport, at the request. jury, latter’s The a special in ansive'r to inter- rogatory .by court, against submitted found plaintiff on point. purpose plaintiff sole which the whs em- ployed was to com haul from sheller with his own team and wagon. may'have Whatever services he rendered or was render- ing preparation arrangement machinery in the or of the 'shelling voluntary, way the com were and no connected'with his employment. statute not in such applicable, case very'properly the court burden'upon plaintiff placed contributory prove negligence. his freedom from and, C. Kindig, Faville, Vermilion, Superintendent L. A. Banking, Appellee, v. Andrew, Peoples Farmers State Bank of Batavia, Appellee; Intervener, Appellant. Bank of Chicago, Insolvency BANKS BANKING: Under' Worthless —Preference Collection. The remittance of a to a bank draft with direction to remit,” receiving “collect and collecting act bank payment, present possible a worthless prefer- basis in ease collecting bank ence becomes insolvent. (Anno.) Headnote 1: 7 J. 62-7 District Appeal Court. —E. Judge,. S. Wells’ Jefferson 8, 1927. May Opinion Rehearing 6, on Bank. 1927] Andrew St. May, v. Farmers its claim appealed from the denial of in the of the assets of an insolvent bank. distribution *2 '(cid:127) nnnn Freeman, Dent, Ddbyns ap- <& Ralph H. for Muwro. pellant. appearance appellees.. No Farmers State Bank Batavia of

Vermilion, J. closed February insolvent, its is state 19, doors on 1925. It the affairs, superintendent in its as receiver. banking charge of is of February 12, 1925, intervener, Peoples On the Bank Chicago, of to the Farmers Bank sent collection Company, sight and remittance on the Mercantile a Iowa $936.53, lading gaso- a Batavia, at with a bill of car of lading line The draft bill of were received attached thereto. by February day, that the 16, 1925. On the Batavia bank on its the Farmers State Company gave Iowa Mercantile check on and received the draft, Bank to the bank for the amount of the an lading. Company bill of The Iowa had account Mercantile day -every with overdrawn the Batavia bank.' This account was in day the in an amount closed, 9th to' the bank (cid:127) overdraft, day given; was $3,000. excess on the the cheek of charged to $3,968.25. paid,- was check was never or even uneanceled, Company. the It is Mercantile account the Iowa nn and in the hands of the receiver. ' -It is too that the bank never argument clear for insolvent any payment sight draft, money received in the and that the money belonging the intervener came into hands of to ever the of a this is essential to establishment the receiver. That require theory trust preference on of a is too well settled to the .being the It that- of authorities.' conceded citation by upon was was a trust whatever received impress entitled draft; all a sight it'received was payment bank' ' cheek. worthless the fact that the check was not that If it be considered already of the-Iowa Mercan- account overdrawn charged to bookkeeping, this would not mere failure in Company a tile was charged though check had been Even appellant. aid the Blair. v. bank, possible theory on the account books of the there is no on which could be said that funds in the hands of the thereby augmented. bank were only is

It where it appeared cases that debtor had deposit funds on at the bank given sufficient to meet a check by bank, collection held we have said that the funds in the hands of the bank were augmented Messenger transaction. Of these eases Tr. & Carroll Sav. Bank, 193 is 608, typical example. true, by counsel, as doubtless contended that the Ba- accept anything

tavia bank was not authorized to but cash or equivalent sight its payment of the It did accept draft. duty worthless cheek. But its doing dereliction in so and in surrendering lading the bill would not entitle the intervener depositors to a and other over creditors. *3 judgment is—Affirmed. and Stevens FaaullE',

Supplemental Opinion. By petition rehearing, our attention is Per Curiam. to the judgment called fact that the affirmance of the results denying appellant a general creditor, status of undoubtedly which was entitled, that in the distribution the,bank right. the assets of is a valuable judgment bewill modified to the extent allowing general Otherwise, petition claim as creditor. rehearing party will pay be overruled. Each Avill one half of appeal. the costs on and affirmed. —Modified al., Appellees, et L. Blair al., B. R. F. et Appellants. Transportation Pupils SCHOOLS SCHOOL DISTRICTS: —Il- legal Use of Busses. School busses consolidated school districts legally employed, may operation may legally be and funds for their expended, purpose only one transporting be to and from school, school, age children of school who live more than a mile from Cyc. 1: 35 Headnote