O'Conor

On June 7, 1893, the Consolidated National Bank, incorporated under the national banking laws of the United States, was doing a general banking business in the city of San Diego in this state, but on June 21, 1893, failed, and suspended payment; and on July 23,1893, the defendant was appointed receiver of said bank.

On said seventh day of June, 1893, the plaintiff deposited with that bank for collection a draft in her favor drawn by the Mutual Benefit Life Insurance Company, of Newark, New Jersey, on the National State Bank of Newark, New Jersey, for the sum of fifteen hundred and twenty-one dollars and forty-two cents. The bank (of San Diego) refused to accept the draft as a deposit, but advanced to plaintiff on her check, at the time the draft was taken for collection, twenty-one dollars and forty- *389 two cents, and charged her with this sum on its books as an overdraft. At the same time the plaintiff directed the bank of San Diego to deposit the proceeds of the draft when collected in the Savings Bank of San Diego County, whose place of business was in the same rooms as that of said Consolidated National Bank, but later on the same day countermanded this order, and directed…