MILLER v. HUMPHREY

No. 4447.

7 F.2d 330 (1925)

MILLER, Alien Property Custodian, et al. v. HUMPHREY.

Circuit Court of Appeals, Ninth Circuit.

August 3, 1925.


Attorney(s) appearing for the Case

Dunne, Brobeck, Phleger & Harrison, of San Francisco, Cal., for appellant bank.

William P. Hubbard and Grant & Zimdars, all of San Francisco, Cal., for appellee.

Before GILBERT, HUNT, and MORROW, Circuit Judges.


HUNT, Circuit Judge (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 respect to the account of the two sons.

The substance of Humphrey's testimony was that in August, and November...

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