Gates

This is an appeal from a judgment entered in favor of the defendant, and from an order denying the plaintiff a new trial, in an action wherein the plaintiff sought to recover the sum of one thousand nine hundred dollars upon a rejected claim against the estate of George W. Rapp, deceased. The plaintiff’s cause of action was rested primarily upon allegations of fact substantially as follows:

Martin L. Gates and Julia Gates were husband and wife. During their married life they accumulated by their joint efforts the sum of one thousand nine hundred dollars, which was community property. This money was deposited by the wife in the Savings Union” Bank and Trust Company in the city of San Francisco, with the knowledge, consent, and approval of her husband. A short time prior to her death, viz., on June 21, 1914, the wife, without the knowledge or consent of her husband, gave to George Rapp, the deceased, an order upon the Savings Union Bank and Trust Company for the one thousand nine hundred dollars which she had on deposit there. Rapp presented the order to the bank; it was honored and the money withdrawn and deposited in the name of and to the credit of Rapp in the Humboldt Savings…