Berry v. Peterson

The opinion of the court was delivered by

Dawson, J.:

These are four original proceedings in mandamus to require the bank commissioner to issue certificates against the bank depositors’ guaranty fund in behalf of plaintiffs who claim to have been depositors in the Farmers State Bank of Cunningham, which closed its doors through insolvency on July 14, 1923.

The affairs of the bank have been wound up, and all depositors except these plaintiffs promptly received certificates on the guaranty fund which eventually were paid in full.

In case No. 26,176, the plaintiff, Omer Berry, demands a certificate…