First National City Bank v. Mullarkey

Plaintiff sues the defendant for $581.26, principal balance due on a credit card, and for an additional 20% or $116.25 counsel fees.

*2Defendant in his answer denies owing 90% of the credit card claim made by plaintiff.

On the trial the plaintiff called the defendant solely to ask if he requested a credit card to which defendant responded affirmatively. The plaintiff then called as witness its auditor who testified that, according to the account records of the plaintiff, the defendant owed a credit card balance of $581.26 and thereupon rested.

The defendant testified that six charges dated…