State ex rel. Spillman v. Citizens State Bank

In this action the State Bank of Omaha, as holder in due course, seeks the allowance against the state depositary fund of a claim based on three certificates of deposit, bearing numbers 1638, 1639, and 1640, respectively, issued by the Citizens State Bank of Potter, now insolvent and in the hands of a receiver duly appointed. The trial in *891district court resulted in a finding and judgment allowing the claim as to each certificate against the bank, but disallowing claim against the guaranty fund. State Bank of Omaha appeals.

These certificates in suit were renewals of previous ones. Certificates…