Keeney

Action to recover the amount of two checks aggregating $979.98, and interest, drawn upon the defendant, a banking corporation, by a depositor therein. Plaintiff recovered judgment and defendant appeals.

The facts were agreed upon by the parties, and from their agreed statement we extract those following, which we think will sufficiently present the questions in dispute between the parties. H. P. Platt carried with the defendant an account under the designation “H. P. Platt, Trustee,” which he used generally, depositing therein his own funds and any others he might receive as agent or trustee of other persons, and this practice was known to the defendant. On June 2, 1913, Platt deposited in said account a check for $4,680, being the proceeds of a sale of real estate in which the plaintiff and her assignor were interested, and which Platt as their agent had sold. It was a cashier’s cheek drawn upon the First National Bank of Berkeley to the order of A. C. Wyckoif, and was transferred by him to Platt with the following indorsement: “Pay to H. P. Platt, agent, or order.” Platt appended his own indorsement in corresponding terms, and the defendant duly collected the check and credited…