Dellepiane

Plaintiff sued to quiet title to five United States Liberty bonds valued at $4,500 held by the Bank of Italy as a depositary for safekeeping. Judgment went for the defendants and the plaintiff has appealed upon a typewritten record.

The complaint is in the ordinary form in an action to quiet title to personal property. It alleges that on the sixth day of July, 1920, Sophia Reith and the plaintiff opened a joint savings account with the defendant Bank of Italy, numbered 126900, said account being payable to either of said depositors or to the survivor of each; that Sophia Reith died in April, 1924, and at the time of her death there was and still is on deposit in the said account in said Bank Liberty bonds of the value of $4,500 and accrued and accruing interest thereon; said bonds and said interest are and were for some time prior to the death of said Sophia Reith the property of plaintiff. The answer of the Bank of Italy denies that there was at the time of the death of said Sophia Reith on deposit in any account in said Bank of Italy Lib erty bonds of the value of $4,500, or in any amount, but admits that said bonds were deposited by said Sophia Reith and alleged that the…