Freese

The plaintiff, as administrator of the estate of Philip Collan, deceased, sued to recover a sum of money which had been deposited by Collan during his lifetime with the corporation defendant.

Patrick Crosby was allowed to intervene in the action upon his claim that the deposit had been given to him by Collan a short time prior to his decease. The defendant, upon payment of the money into court, was dismissed from the action, and the only issue left to be determined was that arising upon the intervener’s allegation of a gift of the deposit. This issue was tried by the court without a jury, and upon a finding that the allegation was not true judgment was given for the plaintiff. From that judgment and from an order denying his motion for a new trial the intervener appeals, basing his appeal upon the sole ground that the finding of the court that there was no gift is contrary to the evidence.

The only evidence of the alleged gift was the deposition of the intervener himsef, wholly uncorroborated. In this state of the ease it would be necessary, in order to reverse the judgment or order appealed from, to hold as matter of law that when a sum of money deposited in a savings bank is…

I concur in the judgment of affirmance for the reasons last stated in the foregoing opinion, commencing with the words “But aside from.”