Kuter v. State Bank

The opinion of the court was delivered by

Porter, J.:

The plaintiff sued to recover the sum of $2000 which he alleged the bank received of him to his use. The petition alleged a demand for repayment and the bank’s refusal to comply. The defendant answered with a general denial. The court gave judgment in plaintiff’s favor, from which defendant appeals.

At the trial the plaintiff called one of the bank’s officers as a witness who testified that plaintiff left the $2000 with the bank; that he was not indebted to the bank; and that he had demanded the return of the money. On cross-examination the…