Booth
Booth v. Oakland Bank of Savings
Opinion
Lead Opinion
Haynes, J.
This appeal is by the plaintiffs from a judgment of nonsuit and from an order denying their motion for a new trial.
The action was brought to recover from said bank certain moneys originally deposited by Frances A. Bell, and her executors were made parties because of a claim made by them of a right to receive and control said money as a part of her estate. The bank does not question its liability to some one, and therefore its counsel does not appear upon respondents’ brief.
Frances A. Bell died in the city of Oakland January 27, 1895, in which city she had resided for many years. She was a widow, and, so far as the record shows, without children or any relatives except her two sisters, Cornelia E. Booth and Aurelia L. James, both of whom resided in the city of Chicago. Aurelia L. James, originally a plaintiff in this action, died during its pendency, and her administrator was substituted. The defendants Taggart and Montgomery are the executors of the will of said Frances A. Bell, deceased.
On and prior to May 17, 1893, Mrs. Bell had on deposit with said savings bank $8,503.99, and on that day she drew out $3,300, leaving on deposit $5,203.99.