Ramsey v. Peterson

*213The opinion of the court was delivered by

Burch, J.:

The action is one by a depositor in the defunct Butler County State Bank, to compel the bank commissioner, through his receiver, to pay to the depositor a dividend of twenty per cent declared out of assets of the bank and noticed for payment.

•The bank commissioner took charge of the bank on March 30, 1923. The bank was operating under the depositors’ guaranty fund act, a portion of which reads as follows:

“All deposits not otherwise secured shall be guaranteed by this act.” (Gen. Stat. 1915, § 600.)

On April 23, the bank commissioner, pursuant…