Seaborn

This is an appeal from a judgment in favor of appellee, Receiver of the Winnemucca State Bank and Trust Company, for the amount of the latter’s credit balance in the appellant Reno National Bank, decided by the district court to be money held'in trust for the Winnemucca Bank.

The facts are undisputed. The Winnemucca. Bank had on deposit in the Reno Na *483 tional Bank the sum of $2514.82. nemucca Bank failed and one E. J. Seaborn, Bank Examiner of the State of Nevada, became its receiver and succeeded to the legal title to the credit balance in the Reno National Bank. He was required by the law of Nevada, after he had “collected and realized” such credits as were due his bank, to deposit them in a Nevada state bank. The Win-

Receiver Seaborn first made a written demand on the Reno Bank for payment to him of the Winnemucca Bank’s credit balance. Not receiving it, he demanded its transfer to a Nevada state bank, the United Nevada Bank to his account as receiver. This the Reno Bank promised to make but did not. Thereafter the Reno Bank became insolvent and the United States Controller of Currency appointed W. J. Tobin its receiver. The Reno Bank at all times had sufficient general…