418 HIGH COURT OF CHANCERY.

in trust for the female complainant; but this allegation is ex-
pressly denied in the answer of Mr. Cushing, and there is no
evidence in support of the averment. The answer admits that
there was a conversation between William J. Albert and the re-
spondent, in the spring of 1846, in reference to a parcel of the
stock of the Water Company, held by the bank as security for
money loaned to the firm of Talbot Jones & Co., in which he,
Albert, intimated that the stock was his, or that he had some
interest in it, but the answer wholly denies that the conversa-
tion related to the stock now in controversy.

When this conversation was held, two dividends had accrued
on this stock, those for January and April, 1846. They had
accrued and been received by the Savings Bank, since its trans-
fer to them in October, 1845, and it is difficult to believe that
Mr. Albert, who had been accustomed to receive the dividends
himself, did not know at that time, of the transfer of the stock
to the bank: and yet he said nothing about it, though setting
up a claim to another parcel of stock which had. been placed
with the bank by the same parties.

Samuel Jones, in his answer, says, that he transferred this
stock to the Savings Bank in 1845, with the full knowledge
and consent of said Albert, and the presumption is, I think,
very strong that this is the case; as, otherwise, i.t can scarcely
be doubted, inquiries would have been instituted by him, and
the stock traced to the bank; and if Albert, the husband, knew
it, and consented to it, it is certainly not pressing presumption
to an unwarrantable extent to presume that Mrs. Albert also
knew and consented to it.

It is not at all reasonable to suppose, that the loss of the in-
come and dividends upon this stock would not have excited
inquiry; and inquiry of the officers of the city would have led
directly to a knowledge of the party to whom the stock had
been transferred. It may be, that if the complainants had (in
the latter part of 1845 or in the spring of 1846, when, I think,
they must have known of the transfer of this stock) adopted
the proper steps, or given the necessary information to the city
and bank, that no loss would have occurred.