Bennett

Appellants appeal in this case from a summary judgment rendered after remittitur upon reversal by the Supreme Court in Bennett v. Hibernia Bank (1956), 47 Cal.2d 540 [ 305 P.2d 20 ], The Supreme Court reversed the judgment of the trial court entered upon sustaining a demurrer to the amended complaint.

Since the Supreme Court in its opinion summarizes the complaint, we do not do so here. The basic facts as to the history of the bank parallel those set forth in Spencer. (Spencer v. Hibernia Bank (1960), ante, p. 702 [ 9 Cal.Rptr. 867 ].) As to appellants’ status, the opinion points out, “Curtin became a member of Hibernia on October 27, 1860, when he signed the by-laws, paid the entrance fee, made a deposit of $3,500 and received a passbook showing the amount of his deposit.’’ (Bennett, p. 546.) The amended complaint alleges, “on information and belief,” that Curtin signed the agreement to become members provided for in the 1864 by-laws.

After reversal by the Supreme Court respondents took certain depositions, filed their answer to the amended complaint and, pursuant to section 2033 of the Code of Civil Procedure, made requests for admissions to which appellants filed their…