First National Bank v. Williamson

— The counterclaim averred errors in a previous accounting, and was essentially a claim for a further accounting and for a correction of alleged errors. The averment is that a deposit of $206 was made by defendant in August, 1918, and another of $200 was made by him on September 3, 1918'. The defendant testified in support of these averments.

It appears without dispute that, on September 3, 1918, the defendant issued his check to MeGavern for $200, and that Me-Gavern deposited said check in the plaintiff bank; that the cashier of the bank, through inadvertence, entered the check as a deposit…