W. J. Howey Co. v. Cole

This is an action upon a certificate of deposit in the sum of $1300, dated August 29, 1921, executed in favor of “Mark Y. Packard, trustee,” and “payable to the order of Himself in current funds on the return of this certificate properly endorsed 6 months after date, with 3 per cent interest per annum,” and signed by “C. T. Moore, cashier.” The case was tried before the court without the aid of a jury. At the close of all the testimony the court sustained defendants’ demurrer to the evidence and plaintiff has appealed.

The facts show that the certificate in question was-issued by C. T. Moore,…