Action for money had and received brought by plaintiff to recover moneys *527deposited by him in defendant bank which the latter refused to pay to him on demand, alleging previous payments of $115 Sept. 1, 1908 and $65 Sept. 5, 1908, to another who presented the book of and impersonated the plaintiff. Verdict for plaintiff for $194.25. Defendant filed a general motion for a new trial. Motion overruled.