Ball v. the Mercantile Trust Co.

— This was an action by John Ball, executor under the will of Jeremiah Prendiville, deceased, against the Mercantile Trust Company and Catherine M. Prendiville, niece of the said deceased, to recover a sum of money wMch was deposited to the joint account of the said Jeremiah Prendiville and the defendant, Catherine M. Prendiville, in the Mercantile Trust Company savings’ department. From the judgment rendered in favor of the defendant, Catherine M. Prendiville, the plaintiff, executor, appeals.

Plaintiff’s petition below alleges that on the. 16th day of August, 1921, whilst Jeremiah…