Earnest v. Earnest

SAMFORD, Judge.

The action was in assumpsit on three counts. So far as this appeal is concerned, it will only be necessary to consider the third count, which claims on a certificate of deposit issued by defendant to plaintiff in the principal sum of $800.00 and containing the following recitals:

“Mary Susan Earnest, daughter of R. M. Earnest, has deposited in this Bank — Bank of Berry — 61—382 ... 800 Dol’s 00 Cts Dollars payable to the order of self or Father R. M. Earnest 6 months after date with interest to maturity only at the rate of 4 per cent per annum on the return of this certificate…