Real Good Food Store, Inc. v. FIRST NAT. BK. OF Or.

*1059TONGUE, J.

This is an action against a bank to recover $1,169.64 alleged to have been placed by plaintiff in a "night depository” of defendant, but not credited to plaintiff’s account. Defendant demurred to the complaint. The demurrer was overruled and defendant declined to plead further. Judgment was then entered for plaintiff and defendant appeals.

By its demurrer defendant admits, for purposes of the demurrer, plaintiff’s allegations that plaintiff "deposited” $1,404.22 in defendant’s night depository; that defendant then "exercised exclusive possession, control and authority over such…