Gonyer

This was an action against the superintendent of banks to recover the value of two checks and a draft received by the Kern Valley Bank just before it was closed by his order. The amount of one of the checks, two hundred dollars, was paid by the defendant before the trial of the action. The court held that three hundred dollars, the money represented by the other check, and one hundred and forty dollars, the proceeds of a certain draft, were held by the defendant in trust for the plaintiff. From this judgment defendant appeals.

Plaintiff was on May 11, 1911, and for a long time theretofore had been a depositor with the Kern Valley Bank. On the afternoon of that day he deposited with said bank a check for three hundred dollars drawn in his favor and bearing his indorsement in blank. Before the close of business on that day the books of the bank were posted and balanced and the amount of the check was placed to the credit of the plaintiff, D. J. Gonyer. On May 12th before the opening of the bank at 10 o'clock a. m. one of defendant’s deputies entered the premises. Under his instructions the doors were opened as usual for business but all deposits made during that morning were…