Opinion
No. 28630.
September 9, 1942.
Appeal from a judgment of the superior court for Whitman county, Jesseph, J., entered September 5, 1941, dismissing an action to recover money, after a trial on the merits to the court. Affirmed.
Rex S. Roudebush and Wilkinson Evans, for appellants.
Thomas R. Kimball and F.L. Stotler, for respondent.
This is an action to recover a fund which formerly constituted a savings account in a mutual savings bank, but which is now in the possession of the defendant. The case is a companion case to Tacoma Savings Loan Ass'n v. Nadham et al., ante p. 576, and, while the caption and form of the present action are somewhat different from those in the cited case, the issues involved and the questions presented on this appeal are the same as those in that case. Upon the authority of the Tacoma Savings Loan Ass'n case, cited above, and for the reasons stated in the opinion therein, the judgment of the trial court is affirmed.