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Receiver Files Appeal in Walton Bank Case Lincoln, Dec. 28.-Receiver Whitney of the closed Farmers and Mer. chants bank of Walton, this county, has filed a brief in the supreme court, denying that any liability under the deposit guarantee act exists with respect to the claim of the United States Fidelity and Guarantee company for $7,594. The bank was operated by L. A. Berge, cashier. He was also the administrator for the estate of William Schultz, and as such there came into his hands the sum of $5,854. He deposited' it in the, bank to his credit as administrator, and the next day drew it out. What he did with it is not revealed. Berge disappeared and is now a fugitive from justice. The surety company made good the defalcation and now seeks to hold the bank and state guarantee fund responsible. on the ground that the bank knew of Berge's defalcation, Berge, it says, being to all intents the bank itself. The lower court held in favo rof the receiver, and the guarantee company appealed.
