Allen v. Farmers & Merchants Bank
Washington Supreme Court
Appeal from a judgment of the superior court for Chelan county, Grimshaw, J., entered May 2, 1912, upon the verdict of a jury rendered in favor of the plaintiff, in an action on a bank deposit.
1Opinion of the CourtEllis, J.
The plaintiff brought this action as a depositor against the defendant bank, alleging, in substance, that he had deposited money with the bank subject to check, and that the bank had failed to pay him $3,000 of the money so deposited, though demand had been made upon it. The amended answer on which the defendant went to trial alleged that the money was deposited by one E. M. Allen, a brother of the plaintiff, who, at the time, informed the officers of the bank that $3,000 of the money so deposited belonged to E. M. Allen, and that he had authority from the plaintiff to use the balance of the…
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