Lynam

This is an appeal from the judgment in favor of plaintiff for $1,646.20, with interest, and from the order denying defendant’s motion for a new trial.

The plaintiff is the administratrix of the estate of Gottlieb Damkroeger, deceased, and the defendant is the executor of the will of Karolina Damkroeger, deceased. The facts of the case are undisputed, and raise a question of law as to the title to the money for which judgment was given.

On September 29, 1899, Gottlieb and Karolina Damkroeger were and for several years prior thereto had been husband and wife, and had money on deposit with the German Savings and Loan Society in their joint names. In connection with the said deposit account there appears the following:

“7850. San Francisco, September 29, 1899.

“The German Savings and Loan Society, pay all or any sum or sums that are now or may hereafter be deposited with you by us, and entered in pass-book numbered 124,097, to whichever of us, the undersigned, shall demand and receipt for the same and produce said boob.

“KAROLINA DAMKROEGER.

“GOTTLIEB DAMKROEGER.”

It was admitted that the writing contained the correct signatures of both husband and wife.

There was no evidence…