Schmidt v. First National Bank

Birdzelt,, J.

The plaintiff brings this action to recover from the defendant on account of a certain deposit which had been made in the defendant bank and which, prior to the commencement of this suit, had been repaid to the depositors, it being the claim of the plaintiff that the defendant is answerable to him .for the amount of the deposit, notwithstanding its payment, by reason of facts which will be stated below. The defendant had judgment in the district court and the plaintiff appeals. The facts out of which the controversy arises are as follows:

John P. Cruiekshank was the owner of…