Merchants Reserve State Bank v. Peterson

The opinion of the court was delivered by

Dawson, J.:

This is an action in mandamus to require the bank commissioner to issue a certificate on the bank guaranty fund for the amount of a deposit in the Lake State Bank duly assigned to plaintiff. The Lake State Bank had been operating under the bank guaranty law, and became insolvent on November 23, 1921. The deposit in question had theretofore been placed in the bank by plaintiff’s assignor under the terms of the following certificate:

“The Lake State Bank.

“Lake City, Kansas, 7/21, 1921.

“Guaranteed interest bearing certificate of deposit.

“Not…