Wilson

The law of this state relating to the office of insurance commissioner provides, among other things, for the collection by the commissioner of certain fees and assessments from persons and corporations engaged in the business of insurance, and that he shall “pay monthly into the state treasury whatever amounts may be received and collected by him.” (Pol. Code, sec. 606.) Appellant held said office from April 1, 1890, to April 1, 1894; it was his custom to make remittance of his official collections to the state treasurer once a month, and at intermediate times he deposited the same in the Pacific Bank, an incorporated commercial bank in the city of San Francisco, then of good financial repute and standing. Toward the close of June, 1893, when appellant’s receipts in virtue of his office during that month amounted to about two thou *243 sand three hundred dollars, which had been deposited as aforesaid from day to day, the bank failed, and ceased to do business and refused repayment of such deposits.

This action is prosecuted against the commissioner, on the complaint of the state controller, to recover the amount collected by the former in said month of June, with certain…