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Nina O. Robertson, Appellant, v. Farmers State Bank of Danforth and Willis M. Robertson, Appellees.

1. BANKING, § 7 — relation between bank and depositor. Where one deposits money with a bank and his account is credited therewith, relationship of debtor and creditor arises.

See Callaghan's Illinois Digest, same topic and section number.

2. PARTIES, § 11fn_ — right of intervention. The right to intervene is not an absolute right, and where such intervention will result in injecting into a suit issues foreign thereto, and which only serve to complicate the case, intervention will be denied.

3. BANKING, § 44fn_ — intervention in action for deposit by third party to whom money wrongfully paid. In action by depositor against bank to recover deposit wrongfully paid to husband of depositor, husband had no right to intervene to claim that the money was rightfully his, and such matters could be raised only by bank in defense of its act.

Opinion by JUSTICE HUFFMAN.

"Not to be published in full." Opinion filed August 14, 1941.

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ROBERTSON v. FARMERS STATE BANK OF DANFORTH
(Aug 14, 1941)