Worthington

Defendant appeals from a judgment rendered against it.

Mrs. Fanny Worthington, having ample funds on deposit to cover same, drew a check on defendant in favor of Stephens & Company, a corporation, in the sum of $2,465.63 and mailed it to the payee. Before the check had been paid Mrs. Worthington telephoned defendant a stop-payment order. In the meantime the check, bearing a stamped indorsement, “Pay to the order of Southern Trust & Commerce Bank, San Diego, Cal. Stephens and Company,” had been deposited with the Southern Trust & Commerce Bank for collection. It seems there were two companies incorporated under the laws of California, one being called Stephens & Company and the other Stephens and Company. What, if any, connection there was between the two does not appear. This check, after passing through the clearing-house, in due course was paid by defendant. Some months later, Mrs. Worthington filed this action against the defendant, alleging in the first count that the bank had received from her $2,465.63, subject to her order, that she had demanded of the bank that they pay her that sum, but that they had refused so to do; in the second count, that she had on deposit said…