Handle v. Real Estate-Land Title & Trust Co.

Opinion by

Mr. Justice Linn,

The hill was filed to recover from defendant bank a part of a bank deposit of $15,000. The use-plaintiff has appealed from the decree dismissing the bill.

Johnson leased a theater to Handle, the assignor of the use-plaintiff, for a ten-year term, receiving, on the execution of the lease, a deposit of $15,000, to be held as security on terms specified in the lease. Pursuant to the lease, he deposited that sum in a saving fund account, opened September 11, 1930, by a check drawn on his checking account in defendant bank. On the face of the transaction with the bank,…