Willey

This is an appeal from a judgment on a bill of exceptions. The facts are substantially as follows: A. B. Perry & Co., a copartnership composed of Alvan B. Perry and W. P. Fuller & Co., a corporation, did their banking business with defendant, a banking corporation, and had a deposit account with defendant. On. February 14, 1899, the said copartnership had on deposit with defendant *153 the sum of $1,720.64, .being the amount in controversy herein. On February 16, 1899, the said Alvan B. Perry died, leaving the said W. P. Fuller & Co. as the sole surviving partner. After the death of Perry, the said W. P. Fuller & Co. presented a check, properly drawn, to the defendant, and demanded the payment of said sum, but payment was refused, and has at all times since been refused. The plaintiff is now the holder of the demand by assignment from W. P. Fuller & Co., as the surviving member of the partnership. Defendant attempts to justify its refusal to pay upon the following facts :■ The said A. B. Perry & Co. had their "account and did their banking business with the Tallant Banking Company from August 4,1897, up to November 28,1898, but the said Alvan B. Perry had no personal account with…