Kies v. Wilkinson

Citations

• 101 Wash. 340
• 172 P. 351
• 1918 Wash. LEXIS 841

Syllabus

<p>Banks and Banking — General or Special Deposits-—Public Funds. A deposit in a bank of public funds, by a county clerk as such, constitutes a general and not a special deposit, in the absence of any statute requiring him to deposit funds in a bank.</p> <p>Same—Insolvency—General Deposit •— Public Funds — Preference. Such a general deposit is not a public or trust deposit which, in case of insolvency of the bank, would have any preference over other creditors; since there was no understanding that the particular money should be returned, it was not to be used for a specially designated purpose, and the deposit was not wrongful or unlawful.</p> <p>Same—Insolvency—Unlawful Preference—Liability — Powers of State Bank Examiner. The state bank examiner, in control of an insolvent bank, being the representative of the state without authority to act for the officers of the bank, has no authority, by his approval, to relieve the officers and a depositor from liability for making an unlawful preference to the depositor by turning over collateral or paying the deposit in full, regardless of good or bad faith; and they are liable therefor in tort, in case of insufficiency of assets.</p> <p>Same—Insolvency—Action to Recover Preference—Complaint —-Sufficiency. In an action by a receiver of an insolvent bank to recover in tort.from a depositor and the officers the amount of an unlawful preference made after insolvency, the complaint must allege that the assets in the hands of the receiver are insufficient to pay the creditors.</p> <p>Pleading'—'Amendment — To Conjtokm to Proof. Where a receiver’s complaint in an action to recover damages from an unlawful preference failed to allege that the assets were insufficient to pay the debts, and a demurrer was erroneously overruled, upon offer of proof at the trial, the complaint should he deemed amended and proofs taken upon the issue tendered.</p>