Evans v. Bank of Italy

The plaintiff commenced an action against the defendant to recover a sum of money theretofore deposited with the defendant. The defendant appeared and answered and a trial was had before the trial court sitting without a jury. The trial court made findings in favor of the defendant, and from a judgment entered thereon the plaintiff has appealed and has brought up the judgment-roll.

The plaintiff makes the contention that on the findings as written the trial court should have ordered judgment for him as prayed. This contention is made because the findings show the following facts: On March 26,…