Hellmuth
Hellmuth v. Bank & Trust Co.
Opinion
Lead Opinion
Hart, J.
The plaintiffs are husband and wife. In the month of December, 1915, the plaintiff Mary M. Hellmuth opened a savings deposit account with the savings depart-j ment of the defendant, and continuously thereafter, and| until the twenty-third day of April, 1920, the time of tim filing of the complaint herein, carried and maintained saia savings account therein. The defendant, upon the opening of the account, issued and delivered to said plaintiff a savings bank book, in which the amounts of such deposits as were made by her in said account from time to time, from December, 1915, to January 2, 1920, were duly noted. On the last-named date the said plaintiff appeared at the bank and deposited in her savings account a sum of money. The controversy between the parties is as to the amount of the deposit made on said second day of January. I
The complaint alleges that, on the second day of January, 1920, the plaintiff Mary M. Hellmuth had to her credit in the savings department of defendant the sum of $2,000.01; that she thereafter made demand in writing on the defendant to pay „said sum to her and that her account in said bank be closed; that the defendant then refused and still refuses…