Luckehe

This is an appeal from a judgment rendered against the defendant National Bank for the sum of $1,050 with interest, being the amount evidenced by a certain certificate of deposit made and delivered by the defendant to the plaintiff.

Upon a former appeal in this case an opinion was rendered by the supreme court ( 193 Cal. 185 [ 223 Pac. 547 ]), wherein the law covering every phase of the case was fully expounded. As was stated by the supreme court in regard to the first trial of the case, it may be also said of the second trial, that the case was shifted to one of negligence based not upon contract arising out of the issuance of the certificate of deposit sued upon, but arising out of negligence based upon the defendant’s liability to the plaintiff for. its failure to use due care in the collection of a different certificate of deposit, issued to plaintiff by the First National Bank of G-ridley. In its amended answer defendant sets up defenses alleging, in effect, first, that plaintiff suffered no injury on account of any alleged negligence in the attempted collection of the certificate of deposit on the Gridley Bank, because the bank, at the time the certificate was presented for…