Miner

This action was brought by the plaintiff to foreclose its pledge of certain securities, collateral obligations of the defendant Miner, who was a depositor, client, and debtor of the plaintiff bank. As affecting the First National Bank of Los Angeles, defendant, cross-complainant and appellant herein, the plaintiff sought to recover $2,970 upon a cashier’s check drawn by defendant bank in favor of the plaintiff. The defense" of the defendant bank was of nonliability growing out of lack of consideration and of a mistake noninjurious to the plaintiff, which, therefore, appellant was entitled to rectify. The facts, in brief, are these: Miner had a commercial deposit in plaintiff’s bank and likewise owed it money upon an overdue promissory note. Upon a certain day he presented to the plaintiff bank for deposit to the credit of his account the check of one A. R. Johnson drawn in favor of himself upon appellant bank. A conditional credit, was given by respondent bank and the check was presented by the messenger of respondent bank to appellant bank for payment. The appellant bank’s paying department is divided amongst a number of tellers and corresponding bookkeepers. The depositors are…