Thompson v. Republic Trust Co.

Opinion by

Gawthrop, J.,

The plaintiff was a depositor in the defendant trust company and brought this action to recover a balance claimed to be due on his deposit account. The allegation was that the defendant paid a check drawn by the plaintiff against his account in the sum of $750,, after receipt by it of the plaintiff’s order not to pay the check. Under the evidence the jury would have been warranted in finding the following facts: On and prior to May 28, 1917, the plaintiff was a depositor in the defendant company. On that date he addressed to it the following letter:

“May 28, 1917.

“Republi…