72 Ind. App. 296 | Ind. Ct. App. | 1920
—This action was by appellant against appellee, to recover $1,600 which had been deposited by her when a minor with appellee, and paid out by appellee on checks issued by appellant. The pleadings consisted of a complaint, nine paragraphs of answer, and ten paragraphs of reply, with motions and demurrers.
All questions presented by the pleadings, and necessary to this decision, are presented by the court’s special findings of fact and conclusion of law, which in substance are as follows: On February 8, 1911, appellant was over eighteen years of age, and under twenty-one years of age, and was married to Everett Smalley, who was over twenty-one years of age. Appellant and her husband were then living together, and so continued for several months thereafter. Appellant was not then or thereafter under guardianship. On said date she was in possession of $1,600 which was her own property, and deposited it with appellee subject to check, and with said money opened a cheeking account with appellee, at which time appellee furnished appellant with a pass book showing such deposit duly credited thereon, and furnished her with blank checks to use in checking against said deposit.On February 9, 1911, appellant executed her check
After appellant’s motion for a new trial, which was overruled, judgment was rendered for appellee, in harmony with the conclusion of law, from which judg
The judgment is affirmed.