
    J. W. Rogers, Receiver of the Farmers & Merchants Bank of Morrill, appellant, v. National Surety Company, appellee.
    Filed November 10, 1927.
    No. 26049.
    
      Butler & James and Edward J. Lambe, for appellant.
    
      R. C. Clarke, contra.
    
    
      ■ Heard before Goss, C. J., Rose, Dean, Day, Good, Thompson and Eberly, JJ.
   Eberly, J.

This is a companion case of Rogers v. National Surety Co., ante, p. 170.

It involves substantially similar, controlling facts and is determined by the opinion in the foregoing case. For the reasons stated therein, the judgment of the district court must be affirmed.

Affirmed.  