Supreme Court of Colorado November 30, 1925, No. 11,256. (United States Fidelity & Guaranty Co. v. McFerson)

Mr. Justice Burke

delivered the opinion of the court.

These parties occupy the same relative position here as in the trial court, and we so refer to them.

Plaintiff was surety to the state for a bank in which state funds were deposited. The bank failed. The surety company paid the state, which, by its treasurer, assigned the account to plaintiff.