King

Action brought to recover of defendant and appellant the sum of $452.78, claimed by plaintiff and respondent to have been deposited by her with the Home Savings Bank of Los Angeles, predecessor of appellant. Appellant admits a balance of $52.78 to be due respondent, leaving $400 as the actual amount in controversy. Plaintiff maintained' both a commercial and a savings account with the Home Savings Bank, and claims that her husband, W. A. King, on November 8, 1919, deposited to the credit of her savings account in said bank the sum of $400, and that on November 10, 1919, he deposited to her commercial account in said bank a like sum of $400. Appellant admits that a deposit of $400 was made by the said W. A. King to the credit of plaintiff on November 8th, but denies that any other deposit of $400 was made by plaintiff, or by anyone in her behalf on November 10, 1919, or at any other time.

The testimony on behalf of appellant as given by its officers and employees, and fortified by the books and records of the bank, if accepted as true, would present a strong case in appellant’s favor. It is, of course, elementary that the determination reached by the trial court upon all matters…