Page:North Dakota Reports (vol. 48).pdf/784

 by the express provisions of § 22 of the Hail Insurance Act (chap. 77, Laws of 1921).

We are of the opinion that the warrants are payable in full, as they are called for payment by the state treasurer, and are not subject to any subsequent condition of repayment in case the fund should prove insufficient to meet all claims. § 6 of the act provides for the levy of a flat tax of three cents per acre each year for five years for the purpose of carrying out the act and creating a surplus in the hail insurance fund for the prompt payment of losses. § 21 requires the state treasurer to call the warrants for payment to the amount of collections remitted to him by the various county treasurers during the preceding month, and the warrants are made due and payable on the call of the treasurer. This clearly means that they are payable in full when called, and not subject to being pro-rated. The liability for payment is limited to the hail insurance fund, however, and is not a general liability of the state. See State ex rel. Linde v. Taylor, 33 N. D. 76, 109, 156 N. W. 561, L. R. A. 1918B, 156 Ann. Cas. 1918A, 583; Sargent County v. Bank of N. D., 182 N. W. 270.

Remanded to the district court.

,, and , JJ., concur.

, C. J., being disqualified, did not participate.

MARGARET KRAPP, Respondent, v. PAUL KRAPP, Executor, of the Last Will and Estate of Johan Krapp, Deceased, Appellant.

(186 N. W. 754.)

Executors and administrators—evidence held to sustain verdict for board of deceased father-in-law; presumption against agreement of parent to pay child for board held not applicable.

The plaintiff brings this action against the estate of her deceased father-in-law for six hundred twelve days board and lodging at $1 a day.