Schelske v. Smith

This is a consolidated appeal from judgments in two actions. One brought by Joseph Wieger against the defendant and the other by Gottfried Schelske against the defendant. Each action was brought to recover upon a certificate of deposit issued to the plaintiff therein. Both certificates originated in the same transaction, and the issues in the. two actions are the same. The 'Security Bank, defendant, is now insolvent and in the hands of F. R. Smith, superintendent of banks, for liquidation. All facts were stipulated and found by the court as stipulated.

The Security Bank is a corporation. At…