Culver v. Lompoc Valley Savings Bank

SHAW, J.

Action by plaintiff, as administrator of Eleetus Serls, deceased, to recover the balance of a deposit of money made by Serls with defendant.

There was filed an agreed statement of facts, from which it appears that on November 21, 1906, Serls deposited a certain sum of money with defendant bank, which deposit, as directed by him, was made in the name of himself or the Children’s Home Society of California, and at the same time he instructed the officers of the bank, upon his death, to pay the same to said Children’s Home Society of California; that said deposit, as directed, was so entered upon the books of the

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bank in the name of Electus Serls or Children’s Home Society of California; that thereafter Serls deposited other sums to-said account and withdrew therefrom various sums of money, SO that on May 28, 1908, there remained on deposit in said account the sum of $1,549.07, at which time said entire sum was by Serls, in the presence' of and with the knowledge of A. H. Gunnett, agent of the Children’s Home Society, checked out from the bank and by him, in like presence and with like knowledge, immediately deposited in said bank “in a new account, and the officials of said defendant were then and there instructed by said Electus Serls in the presence of and with the knowledge of said A. H. Gunnett, to make said deposit payable to said Electus Serls or Children’s Home Society of California, and upon the death of said Electus Serls to pay the balance remaining in said deposit to said Children’s Home Society of California; and that thereafter the said Electus Serls from time to time added to said account and withdrew therefrom various sums of money, so that on the 6th day of January, 1910, there remained on deposit in said account with defendant the sum of $2,239.35”; that on January 6, 1910, the defendant, with knowledge of the fact that Serls died on December 29, 1909, recognized the check of the Children’s Home Society of California, drawn on said account, for the full amount thereof, and paid to it said sum of $2,239.35; that thereafter plaintiff’s demand made upon defendant for payment was refused. In addition to "the facts so stipulated, Mrs. Dimmock was called as a witness for plaintiff and testified that she was familiar with the business affairs of Serls, by reason of his having lived at her house, where he died, during the last year or so of his life; that the only bank book he had during said period was that upon defendant bank; that during the last year of his life, when he wished to draw money from the deposit so made with defendant, witness went to the cashier of defendant, telling him what the money was for, and the cashier drew the check, which she took to Serls, who signed it, and, with the bank book, witness presented it for payment. In September or October, 1909, Mr. Gunnett, admitted to be the representative of the Children’s Home Society of California, had a conversation with Serls, at which witness was present and wherein she took part. Mr. Gunnett wanted Mr. Serls to