Atwell

The plaintiff and respondent, a depositor in the defendant and appellant bank, brought this action by filing a £

Appellant denied that any balance was due or unpaid, and alleged the disbursement of the entire deposits upon order of the respondent. Appellant further alleged that the action was barred by subdivision 3 of section 340 of the Code of Civil Procedure and that respondent was barred by laches.

Upon the trial no question was raised by respondent concerning the payments made from her account except as to two checks totaling $1,050. These checks were both made payable to the Oakland Hospital Corporation, the first, in the sum of $500 being dated February 17, 1925, and the second, in the sum of $550, being dated February 18, 1925. Both of these checks were issued by respondent, and were thereafter paid by appellant bank upon forged indorsements. This action was commenced on August 13, 1926. The only defenses urged by appellant upon the trial were the defenses of the statute ■ of limitations and laches. The trial court found against appellant on both…