Page:North Dakota Reports (vol. 48).pdf/782

 what has been said that the judgment appealed from must be affirmed. lt is so ordered.

, C. J., and, and , JJ., concur.

, J., concurs in result.

FIRST NATIONAL BANK OF HALSTAD, MINN., Petitioner, v. S. A. OLSNESS, Commissioner of Insurance, D. C. POINDEXTER, State Auditor, Respondents.

(186 N. W. 751)

States — hail insurance warrants held assignable, but not negotiable.

1. Under chap. 77, Session Laws of 1921, hail insurance warrants are assignable but not negotiable.

States—hail insurance warrants are payable in full out of hail insurance’ fund, and not subject to pro-rating.

2. Hail insurance warrants are payable in full, when called by the state treasurer, out of the hail insurance fund and are not subject to being pro-rated in case of the insufficiency of the fund.

Opinion filed Jan. 21, 1922.

From a judgment of the District Court of Burleigh county, Coffey, J.

Certified questions answered and cause remanded.

Opinion of the Court, Birdzell, J.

E. T. Burke, for petitioner.

Sveinbjorn Johnson, Attorney General, Geo. F. Shafer, Assistant Attorney General, for defendants.