Barnett

The defendant in error brought an action against the plaintiff in error, a banking corporation, to recover the possession of a gold nugget, alleged to be of the value of $1,400, which had been deposited with the bank as bailee by J. L. Tobin, and on July 22d, for a valuable consideration, alleged to have been sold and assigned to the defendant in error. The plaintiff in error answered, alleging that on June 12, 1907, J. L. Tobin deposited the gold nugget with the bank for safe-keeping, and that thereafter, in October, 1907, he pledged the nugget to the bank under an agreement that he might draw money against the same to the amount of its full value, and that long prior to the date of the sale to the defendant in error said Tobin drew against the value of the said nugget the full value thereof, which the plaintiff in error paid him; that thereafter, in July, 1908, said Tobin sold and assigned the nugget to the cashier of the bank, whereupon the plaintiff in error gave him credit on the debt which he then owed to the bank in the *550 full sum of the value of the nugget. The evidence was that in June, 1907, Tobin deposited the nugget with the bank for safe-keeping, and thereafter…