Kirby v. San Francisco Savings & Loan Society

THE COURT.

This action wets brought to recover damage alleged to have been caused by the payment to plaintiff’s husband of a deposit made by the spouses in defendant bank, and the withdrawal of which by the husband had been enjoined.

The complaint alleged that on March 14, 1924, the community property of the spouses consisted, among other things, of a bank account ór deposit with defendant bank in the sum of $2,521.80; that the deposit was in the names of plaintiff and her husband, Michael J. Kirby, “and in form to be paid to either said plaintiff or said Michael J. Kirby or the survivor of…