Where the defendant at the request of the plaintiff deposited money of the plaintiff in a savings-bank in the defendant's name, upon the understanding that the plaintiff was to have the money whenever she wanted it, but if she never wanted it that it was to become the defendant's money at the plaintiff's death, and the defendant afterwards, without the knowledge or consent of the plaintiff, withdrew the money and converted it to her own use, an action for the recovery of the money can be maintained without a previous demand.
In such case, the statute of limitations runs from the time of the wrongful withdrawal of the money from the savings-bank.
CLARK, J.
The money delivered by the plaintiff to the defendant to be deposited in the bank was the plaintiff's money. It was received by the defendant, and deposited by her in her own name as the money of the plaintiff, and the defendant acquired no title to it by the transaction. The appropriation of the money to her own use by the defendant was a conversion, and no demand was necessary. Whittier v. Whittier, 31 N.H. 452, 462, 464, 465. The plaintiff's claim is not barred by the statute of limitations. The cause of action did not accrue until the money was wrongfully withdrawn from the bank and appropriated by the defendant.
Judgment for the plaintiff.
BINGHAM, J., did not sit: the others concurred.