Thompson

Appellee brought this suit to obtain a preference to the assets of the Twin Falls National Bank, of Twin Falls, Idaho, and from a decree granting a preference as prayed, the receiver appeals.

The record discloses that some time prior to July 21, 1931, appellee forwarded to one J. A. Keefer, who was then the cashier of the said Twin Falls Bank, a certain diamond ring, with authority and instructions to Keefer to sell the ring for not less than $1,000 and to retain therefrom his necessary selling expenses and a commission of $50, and, according to the allegations of the complaint and the findings of the court, Keefer was instructed to transmit the balance due appellee to the Walker Bank & Trust Company, of Salt Lake City, Utah, for deposit. Keefer sold the ring for $1,000 to one A. R. Scott, who had an account in the Twin Falls Bank, and who paid for the ring with a check drawn on that account, payable to the bank. Keefer deposited the sum of $994.50, representing the proceeds of the sale less selling expenses, to the credit of appellee in the Twin Falls Bank in an account which he opened in ap-pellee’s name on August 15, 1931, and so informed appellee by letter of August 22,1931.…