The issues in this case are the same as those in Duke v. Johnson, ante p. 43, 211 Pac. 710, the two cases being presented on the same briefs and arguments. In the Johnson case we decided that the action was properly brought by J. P. Duke, as supervisor of banking, and sustained a judgment in his favor.

Upon the authority of .the Johnson case, and for the reasons therein stated, the judgment in this case is affirmed.