Faulkner

Action by plaintiffs for money had and received by the defendant in its savings department and credited to the account of the plaintiffs in the sum of $624.25. The plaintiffs had judgment and from this judgment and also the order of the court denying defendant’s motion to vacate and set aside the same the defendant appeals.

Before signing and filing findings in the above^entitled cause the learned trial court summarized the questions involved in a very clear and succinct statement, from which we quote the following:

The defendant bank thereupon applied the $624.25 standing on its books to the credit of the plaintiffs to payment of the overdraft on the open account of E. C. Reilly and W. J. Faulkner, and plaintiffs prosecuted this action to recover that amount of money from the bank as having been wrongfully and unlawfully applied to recoup the bank for its losses incurred in cashing Reilly’s check for $650. The card referred to by the learned trial court in its opinion above quoted is in words and figures as follows:

The theory upon which the bank acted in transferring the savings deposit of the Faulkners to the Reilly account appears to have been on the assumption that the…