Songer v. Peterson

*901The opinion of the court was delivered by

Dawson, J.:

The plaintiff held a certificate of deposit issued by The Butler County State Bank. The bank was operated under the bank guaranty system. It became insolvent on March 30, 1923, but the defendant refuses to issue to plaintiff a certificate on the guaranty fund because of an alleged uncertainty as to the due date appearing on the face of plaintiff’s certificate of deposit. The certificate reads:

“Ed Dorado, Kansas, Jan. 5, 1923. No. 4408. -

“Harvey L. Songer has deposited with

“The Butler County State Bank, of El Dorado, Kansas,

“Eight Hundred…