Wilder

The Bank of Hawaii asks reversal of a judgment entered against it, pursuant to a decision of the Supreme Court of Hawaii, in favor of Wilder, Tax Assessor, for $23,740.88, without interest, and for costs.

On May 1, 1911, the treasurer of Hawaii agreed with the bank to deposit money belonging to the territory, under authority of an act of the territory (Session Laws 1909, Act 123), entitled “An act to authorize the deposit of territorial moneys in banks,” as amended by Act 131 of the Session Laws of 1911 (chapter 87, Revised Laws of Hawaii 1915). The bank w;as to pay interest on the average daily balance of territorial funds at the rate of 2 per cent, per annum. Security was furnished as required by the statute, and deposits were received and commingled and used as were the deposits of private parties. On January 1st of each year there were balances on deposit to the credit of the territory, and on January 1, 1923, such balance was $1,075,353.33. The bank then had $774,075 in cash, which sum was part of all moneys deposited with it as general and special deposits by all its customers, including the territory of Hawaii and the city and county of Honolulu.

In January, 1910, and in…