McCully

This action was brought February 9, 1895, to recover from the defendant, receiver of the Consolidated National Bank of San Diego, upon certificate of deposit No. 17,896, dated April 2, 1892, for eight thousand dollars, payable to the order of James L. Mason upon which certain payments had been made, leaving a *265 balance of six thousand one hundred and sixty-eight dollars and ninety cents as principal and interest. Also to recover the sum of eighteen hundred and forty-one dollars and twenty-four cents due said Mason on an open account.

The court below gave judgment in favor of the plaintiff, as administratrix, upon the open account to be paid out ■ of the assets of the bank as therein specified, and gave judgment against the plaintiff upon the amount due upon the certificate of deposit, for the reason that plaintiff had not said certificate of deposit in her possession, and is not entitled to such possession, and is not able to surrender the same for cancellation, and for the reason that plaintiff did not present said certificate of deposit to the defendant receiver at the time of presenting her claim for the sum' due thereon against the assets of the bank.

Plaintiff appeals…