Drinkhouse

This is an appeal upon a bill of exceptions from a judgment rendered in favor of the plaintiff and from an order denying the defendant’s motion for a new trial.

The plaintiff, as the administrator of the estate of Elizabeth Thomsen, deceased, brought suit against the defendant to recover a specific sum of money which it was alleged the deceased had deposited for her use and benefit with the defendant. The defendant in its answer alleged in substance that on the f ourteenth day of September, 1898, the deceased, Elizabeth Thomsen, and one Louisa H. Wilson deposited with the defendant the sum of $1,597.34, and that the amount of said account with accrued dividends to date of July 17, 1899, was the sum of $1,636.35; that at the time of the making of said deposit the defendant issued and delivered a pass-book to the said Elizabeth Thomsen and to said Louisa H. Wilson, and that they, when depositing the money and opening the account, instructed the defendant to pay, and the defendant agreed with them and each of them, to pay the said sum of money so deposited and entered in the said pass-book to whichever of them should demand and receipt for the same and produce the said pass-book.…