Mar v. Washington Mutual Savings Bank

This action was brought by the administrator of the estate of Lai Mar, deceased, to obtain funds of the deceased which were deposited in the defendant bank. The defense was that a cashier’s check had been issued, at the request of the deceased, for the amount on deposit and had not been presented for payment. The defendant expressed willingness to pay over the funds if it was furnished with a bond to indemnify it against loss in any possible future suit on the check.

The trial court found that James Mar had lost the un-endorsed check, and that Lai Mar was in a coma when the check was lost and…