121 Kan. 151 | Kan. | 1926
The opinion of the court was delivered by
In a posi-opinion motion, plaintiff asks whether the liability, to the extent of its bonds or money pledged, of a member bank which withdraws from the guaranty act, or which liquidates its affairs, is measured, (1) by certificates actually issued on the bank depositors’ guaranty fund at the date of such withdrawal or liquidation; or (2) by the liability of the bank depositors’ guaranty fund to depositors of member banks, which had previously failed, whether or not certificates have been issued to such depositors?
In other words, in determining the question, the date of the actual issuance of the certificate is not material. But two dates are necessary to be considered — the date of the failure of the member bank, to the depositors of which certificates are later issued, and the date of withdrawal or liquidation of the bank whose bonds or money pledged are in question.