Peoples Bank v. Bone

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in mandamus to compel the bank commissioner to issue a certificate against the bank depositors’ guaranty fund. The evidence was taken by deposition and has been abstracted. The case is before us for decision upon the facts as well as upon the law. The question to be determined is whether the transaction constituted a deposit subject to guaranty within the meaning of the bank guaranty law.

The facts, so far as it is necessary to consider them, are not seriously controverted, and are as follows:

The plaintiff is a…