Tobin

This action was brought by appellant, Lyon County Bank Mortgage Corporation, assignee of Lyon County Bank, a Nevada banking corporation (hereafter called Lyon Bank), against appellee, W. J. Tobin, receiver of The Reno National Bank, a national banking association (hereafter called Reno Bank). Alleging that a promissory note of Lyon Bank, held by appellee, had been overpaid by $4,736.90, appellant prayed judgment for that amount and for the return of collateral which had been pledged to secure payment of the note. Answering, appellee denied that the note had been overpaid, alleged that there was still .due and owing thereon a balance of $9,-316.94, prayed that appellant take nothing by its action, and that appellee have judgment for his costs. Jury trial having been, waived, the court tried the case, made and filed its findings of fact and conclusions of law and thereupon entered judgment as prayed by appellee. This appeal followed.

On July 1, 1931, Lyon Bank executed its note in favor of Reno Bank for $60,-500, payable on demand, with 8% interest from date until paid. As collateral security, Lyon Bank, on July 22, 1931, pledged certain of its assets, consisting of bonds and other…