Stradley

The plaintiff, L. J. Stradley, brought an action against the Union Trust Company of San Francisco to recover a deposit of three thousand six hundred dollars held by said defendant. The Delano-Roehdale Company having previously attached the account in' an action instituted by it against B. F. Stradley, a brother of plaintiff, intervened in this action, claiming that the money deposited with the defendant bank ivas in fact the property of B. F. Stradley. The money in dispute having been paid into court the action was dismissed as to the defendant bank, and, judgment going for plaintiff, the intervener brings this appeal.

The facts are that B. F. Stradley, being indebted to his brother for something like $3,997, evidenced by his promissory note, deposited four thousand dollars in the savings department of the defendant bank in the name of his 'brother, L. J. Stradley. When making the deposit he signed the name of L. J. Stradley, and did not at any time disclose to the bank that he was not the party in whose name the deposit was made. He then sent the pass-book to his brother, accompanied by a letter notifying him that the deposit was made to repay his indebtedness. Upon the receipt…