Bryson

Plaintiff as public administrator acting in the estate of J. D. O’Neil, deceased, brought this action to recover a sum of money alleged to have been deposited with the defendant, a banking corporation doing a savings business, by Ms intestate. The judgment was in favor of the plaintiff and the defendant appeals, presenting its several contentions for reversal upon the judgment-roll.

After alleging preliminary matters respecting the death of O’Neil and the appointment of the administrator and the deposit of the sum of $500 by said 0 ’Neil with the defendant, it was stated in the complaint that plaintiff had been unable to surrender to the defendant the deposit-book issued to decedent, and “that said deposit-book has never come into the possession of said plaintiff and that said plaintiff has never had any knowledge or information as to the whereabouts of said deposit-book and said' plaintiff is informed and believes and therefore alleges that said deposit-book was lost by said deceased prior to his death and that accordingly said plaintiff is unable to comply with any demand or requirement of said defendant banking corporation for the return to it of said deposit-book.” As to this…