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II.

BACKGROUND
The debtor had retained the Bank under an Investment Management Agreement (the Agreement) dated February 27, 1985 to invest and reinvest property received from the debtor in return for stated commissions. The Agreement, which designated the debtor as the "Owner" and the Bank as the "Agent," was terminable at will on written notice by either party, and provided that the Bank collect and disburse income, return any property to the debtor upon request and submit periodic financial accounts. The Bank was authorized to register securities in the name of a nominee.
A Bank officer testified that the Bank's general practice under the Agreement was to buy and sell investment stocks, bonds and U.S.