Shaw v. Dalston

(after stating the case as above). The following assignment of error is made by the appellant banking commissioner:

“The court erred in finding that the deposit sued for and involved in this case was a non-interest-bearing deposit and one upon which no interest was being paid or contracted to be paid, there being no evidence to that effect.”

The evidence definitely showed that, beginning on November 22, 1924, and continuing to March 31, 1926, the first appointed guardian regularly deposited in the bank and to his credit as guardian the money in the amounts received through warrants of the…