State v. Banks

An unauthorized deposit, with the knowledge of the bank receiving same, is held in trust and may be rescinded by the owner and recovered. Uniform Fiduciaries Act, sec. 9 (sec. 2993 N.C.L.). While not expressly declared void, as was explained in Organ et al. v. Winnemucca State Bank et al., 55 Nev. 72,26 P.2d 237, and Leach v. Armstrong, 52 Nev. 125, 283 P. 396, the deposits made by the commission were clearly unauthorized, either as general or special deposits, and relief can be had on this showing, whether the state appears to be transacting business or administering government. Leach v.…