State ex rel. Davis v. Farmers State Bank

Day, j.

This is an appeal by the receiver of the Farmers State Bank of Benedict from a judgment of the district court allowing the claim of Orman S. Jeffery and Anna M. Jeffery, as a. preferred claim against the bank, and directing that it be paid out of the depositors’ guaranty fund.

It is the contention of the claimants that they deposited in the Farmers State Bank $39,580 on December 30, 1921, under an agreement with the bank that they were to receive interest on said sum at the rate of 5 per cent, per annum ; that they thereby became depositors in the bank; and *475that the sum so deposited was…