KIRKPATRICK, District Judge.
This is an action at law by a depositor against a national bank and its receiver. The gist of the action is that the defendant has refused the plaintiff's demand for the payment to him of his deposit, having theretofore wrongfully and without his authorization charged his account with various sums, which totaled the amount of the deposit and which it had paid out to a third party.
The trial was to the court and a jury, but both...
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