Fourth National Bank v. Wilson

The opinion of the court was delivered by

Burch, J.:

The actions are actions of mandamus, to compel the bank commissioner to issue to the plaintiffs depositors’ certificates payable from the bank depositors’ guaranty fund.

When the actions were commenced Walter E. Wilson was bank commissioner, and was made defendant. At the expiration of his term of office, Franklin H. Foster, the present commissioner, was substituted as defendant. The Fourth National Bank’s cause of action is based on time certificates of deposit Nos. 1243 and 1245, for $25,000 each, issued by the Kansas State Bank of Salina.…