Hurley

This is an action to determine the ownership of a deposit of money with the defendant Hibernia Savings and Loan Society, and to declare a constructive trust in said money. Briefly stated, the complaint recites that Patrick Hurley died intestate on the twenty-ninth day of October, 1929; that plaintiff, Mary Hurley, was on October 30, 1929, appointed special administratrix; that plaintiff and Patrick J. Hurley were married May 26, 1918, at San Francisco; that on September 18, 1918, Patrick J. Hurley opened an account with the defendant bank with the community earnings and accumulations; that in case of death or need the same should be transferred or withdrawn in her favor; that having confidence in the promise of said Patrick J. Hurley, she permitted him to deposit the community earnings and savings in said bank; that notwithstanding said promise, said Patrick J. Hurley, in bad faith, opened said account in his name and in the name of defendant Daniel Hurley, payable to either or the survivor of them; that the amount involved is $1697; and that the defendant Daniel Hurley has no right or interest in said moneys; that the amount on deposit at the time of the death of the deceased was…