Neil v. National Bank of Detroit

{dissenting). Plaintiff, as administrator of the estate of Fred L. Neil, deceased, brought this action in circuit court to recover the sum of $3,524.53 which decedent had on deposit in defendant bank prior to his death. In his declaration plaintiff alleged that prior to May 7,1952, Fred L. Neil executed in blank a so-called “order to pay” instrument addressed-to the bank, which he signed and delivered to defendant Hanson. It was further averred that on the date mentioned.decedent was in a certain hospital in Detroit where he was recovering from an operation, and that he came to his death as…