McEwen v. Sterling State Bank

— This is an .action to recover the amount of a deposit in the defendant bank. The case was tried before the court without the aid of a jury. At the conclusion of plaintiff’s evidence the court sustained defendant’s demurrer to the evidence and thereupon plaintiff took an involuntary nonsuit with leave to. move to set aside the same. Such a motion was filed but it being unavailing, plaintiff has taken an appeal to this court.

The petition alleges that Edith McEwen on September 25, 1925, had on deposit with defendant the sum of $538.24; that on said day she gave plaintiff, for a valuable…