Hoff v. First State Bank of Watson

Olsen, C.

Appeal by plaintiff from an order overruling a demurrer to the answer, the court having certified that the question raised is important and doubtful.

Defendant is a state bank. On May 26, 1925, plaintiff deposited in this bank $233.73 and received therefor a certificate of deposit in the usual form, payable in six months with interest. The certificate has not been paid and plaintiff sues to recover thereon.

The answer, as a defense, alleges that the defendant bank became insolvent and was closed and taken over by the commissioner of banks on February 27, 1926; that thereafter a…