Rogers v. Rogers

MR. JUSTICE METCALF:

I concur with the opinion of Mr. Justice Freebourn and his disposition of the issues in the case except for his determination of the ownership of the bank account deposited in the Metals Bank of Butte in the defendant’s name and I agree with the result there reached but for the reasons set forth below.

The facts are amply covered in the majority opinion and in Mr. Chief Justice Adair’s dissent. An examination of those facts shows a direct conflict as to the intention of the plaintiff in making the deposit. The plaintiff testified that he placed all the property in his…