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MAR v. WASHINGTON MUT. SAV. BANK

No. 37128.

64 Wn.2d 793 (1964)

394 P.2d 367

JAMES MAR, as Administrator, Appellant, v. WASHINGTON MUTUAL SAVINGS BANK, Respondent.

The Supreme Court of Washington, Department One.

July 23, 1964.

Attorney(s) appearing for the Case

Merges, Brain & Hilyer (Edwards E. Merges, of counsel), for appellant.

Garvin, Ashley & Foster, Louis H. Pepper, and Daniel J. Riviera, for respondent.

ROSELLINI, J.

This action was brought by the administrator of the estate of Lai Mar, deceased, to obtain funds of the deceased which were deposited in the defendant bank. The defense was that a cashier's check had been issued, at the request of the deceased, for the amount on deposit and had not been presented for payment. The defendant expressed willingness to pay over the funds if it was furnished with a bond to indemnify it against loss in any possible future suit...

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