Meyer

This is an action for money had and received, brought by plaintiff as one of defendant’s depositors with two accounts, one a commercial account opened in December, 1920, and the other a savings account opened in March, 1921. Judgment was rendered for plaintiff for $3,702.36, and from that judgment defendant appeals.

Respondent neither having filed a brief nor presented oral argument, the appeal must be determined upon the trial record with the aid of appellant’s brief alone.

The controversy arose out of withdrawals of money upon certain checks bearing plaintiff’s name as drawer, but, as she claims, with the signatures forged by a man named Berthold, now in the penitentiary under sentence for forgery of plaintiff’s name in a wholly independent transaction, which occurred in December, 1921, and in no way affected this defendant. The testimony on behalf of plaintiff was her own, her daughter’s, and Berthold’s, who, in a deposition taken in San Quentin prison on behalf of plaintiff, swore that by forging plaintiff’s name to checks, some of which, paid and canceled, were introduced in evidence, he had drawn about $4,000 from plaintiff’s account with defendant, and had lost the money…