H. L. Buchanan & Co. v. Madison Bank & Trust Co.

This action was instituted by defendant in error to recover the amount it had paid out on a check deposited by plaintiffs in error) which had been revoked and payment forbidden. The action was tried by the judge without a jury, and resulted in a judgment for $366.51 and costs, in favor of the Bank & Trust Co. The defendants below have appealed in error and have assigned two errors, that:(1) There is no evidence to sustain the judgment.(2) The evidence preponderates against the judgment.

It is clear that we cannot entertain the second assignment as this court does not weigh the evidence if…