Tate v. Sears Bank & Trust Co.

MR. PRESIDING JUSTICE ENGLISH

delivered the opinion of the court.

Plaintiffs brought this action at law to recover $465 allegedly owing to them from defendant by virtue of a savings account. At the close of plaintiffs’ case, defendant’s motion for a finding was granted and judgment was entered in its favor. The sole issue on review is whether plaintiffs’ evidence had established a prima facie case.

Plaintiff Willie B. Tate was the only witness, and his testimony is set forth in an agreed statement of facts. He testified that on February 27, 1956, he and his wife, Edna, opened a time savings…