Graef v. Dime Savings Bank

OPINION

By DOYLE, J.

This action originated in the Municipal Court of Akron, wherein the guardian of Harold E. Joy, who had been adjudged an incompetent, brought suit against the defendant bank, the appellant herein, for $230. Before trial the guardianship was terminated and the action proceeded with Joy, the actual plaintiff. He is the actual appellee in this appeal on questions of law.

The complaint in the petition, in brief, was that Joy was a creditor of the bank by virtue of having deposited money on checking account in said bank; that within the period of the deposit, some person, “without…