Welch v. North Hills Bank

HOWARD, Presiding Judge.

This is a suit wherein appellant seeks to recover from respondent bank the amount it permitted to be withdrawn by her fellow joint depositor, from two joint savings accounts without presentation of the pass book. Trial to the court resulted in a judgment for respondent and appellant has duly appealed to this court. We shall refer to the parties as they appeared below.

Since this is an appeal from a court tried case, we review on both the law and the evidence as in suits of an equitable nature. Civil Rule 73.01, V.A.M.R. The decision turns on the question of the proper…