Horton v. McFerson

Hortoh, as treasurer of El Paso county, brought an action in accounting against McFerson, as state bank commissioner, who is in possession of the assets of the State Savings Bank of Colorado Springs to liquidate its affairs. The court found the issues for McFerson and rendered judgment accordingly. Horton brings error. We refer hereinafter to Horton as the treasurer, to Mc-Ferson as the commissioner and to the State Savings Bank of Colorado Springs as the bank.

The facts are undisputed. When the bank closed its doors and the commissioner took charge, the treasurer had $39,233.90 of monies…