Anthony

Plaintiff commenced this action to recover from the defendant the sum of $2,320. Defendant denied the alleged indebtedness and by way of cross-complaint prayed judgment against plaintiff in the sum of $500. The court denied plaintiff any relief and gave judgment for the defendant in accordance with the prayer of its cross-complaint. From said judgment the plaintiff appeals.

In support of his cause of action the plaintiff, Lee Anthony, testified that on the fifteenth day of June, 1926, he called at defendant’s banking house in San Francisco and asked Charles Pratt, Jr., an assistant cashier of the defendant, if they would purchase ninety-four interest coupons of Santa Fe Railway bonds, their face value being $2,820. That after examining said coupons Mr. Pratt stated they were the same as cash and the bank would buy them. The bank then issued to him a depositor’s pass-book of the bank and he was given a credit of $2,820 therein, and he immediately drew a check thereon in the sum of $500. Mr. Pratt then introduced him to the cashier of the bank with directions to the latter to cash the check, stating that the check was all right and plaintiff had money there. The check was thereupon…