#### John M. Gavin, Appellee, v. State Bank of Monticello, Indiana, Appellant.

Gen. No. 21,951.

(Not to he reported in full.)

Appeal from the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding. Heard in this court at the October term, 1915.

Reversed and remanded.

Opinion filed March 7, 1916.

Statement of the Case.

Action by John M. Gavin, plaintiff, against State Bank of Monticello, Indiana, defendant, to recover amount of certificate of deposit, with interest, issued by defendant bank to Columbia Casualty Company, which certificate plaintiff claimed was indorsed to him. From a judgment by default in favor of plaintiff, the defendant appeals.

The errors assigned in this case are the same as those in Treadwell v. Central Bank of West Lebanon, ante, p. 208, and court referring to such case holds that for the reasons stated in that opinion the judgment of the County Court should be reversed and remanded for new trial.

James Bingham and Castle, Williams, Long & Castle, for appellant.

Adams, Follansbee, Hawley & Shorey, for appellee; Mitchell D. Follansbee, Clyde E. Shorey and John E. Gavin, of counsel.

Mr. Justice Holdom

delivered the opinion of the court.