Humphrey
Miller v. Humphrey
Opinion
Lead Opinion
Hunt, J.
(after stating the facts as above). Appellant bank presses the contention that, as to the joint account of Humphrey and his wife, there never was a demand for closing such account and withdrawal of the sum therein credited, and that therefore no cause of action accrued to Humphrey against the bank, and that there was no demand with respeet to the account of the two sons.
The substance of Humphrey’s testimony was that in August, and November, 1914, and about June 12,1915, he made a demand for the payment of the whole sums represented in the several accounts, that a director in charge of the bank told him that a moratorium had been declared, and that he could have the usual amounts that he had been accustomed to use, but not the total sum represented by the accounts. Humphrey said that after June 12,1915, he had deposited coupons on German bonds and dividends on the bank’s shares. He could not recall all the different conversations with the bank officials, but testified that in August, 1914, the bank officials looked up his accounts, asked how much he had used, and told him that he should not take any securities out of Germany; that after the August demand he had left certain…