CARR, J. (dissenting).
Plaintiff, as administrator of the estate of Fred L. Neil, deceased, brought this action in circuit court to recover the sum of $3,524.53 which decedent had on deposit in defendant bank prior to his death. In his declaration plaintiff alleged that prior to May 7, 1952, Fred L. Neil executed in blank a so-called "order to pay" instrument addressed to the bank, which he signed and delivered to defendant Hanson. It was further averred that...
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