Fine v. City Five Cents Savings Bank

PETTINGELL, A.P.J.

(Wilson, & Henchey, JJ.)—Action of contract to recover a deposit in the defendant bank standing in the name of the plaintiff. The declaration is in two counts, the first for money had and received, and the second alleging that the plaintiff has thirty-eight hundred dollars on deposit with the defendant which it has refused to pay the plaintiff on demand.

The answer is a general denial and an allegation that the defendant had applied two thousand and twenty-three and twenty-two hundredths dollars of the deposit of the said plaintiff in payment of a mortgage note, leaving a…