Robinson

Plaintiff brought suit against the Mutual Savings Bank of San Francisco to recover the sum of $4,370.49 as the balance of money alleged to have been deposited by plaintiff with said bank.

Upon a showing by the defendant bank that Joseph Leggett and Charles H. Robinson, as executors of the last will of Amanda M. Scales, deceased, made claim to the same money, said defendant bank was allowed to deposit with the court said sum of $4,370, and was thereupon dismissed from the action, and said Leggett and Robinson, as such executors, were substituted as defendants.

Leggett and Robinson, as such executors, answered plaintiff’s complaint, and set up a claim to said money as part if the estate of Amanda M. Scales, deceased.

The findings and judgment were in favor of plaintiff and Against the substituted defendants, who have appealed from the judgment and the order denying their motion for a new trial.

Appellants attack the findings as not being supported by the evidence.

It is alleged in the complaint that prior to the commencement of the action plaintiff deposited with defendant, the Mutual Savings Bank of San Francisco, and the said defendant received of and from plaintiff, for the…