Wilcox v. Citizens Banking Co.

The bank by action of trover sought the recovery of two promissory notes. The defendant in his answer claimed title to the papers, and alleged “that the plaintiff has no interest or claim to the same.” Prom the uncontroverted evidence, it appears that the defendant, in making a $600 payment on the notes, drew a draft for that amount on another bank, that the notes pinned to the draft went to the drawee bank, and on payment of the draft the notes were delivered by it, with his monthly statement, to the defendant, who retained them in possession under a claim of title thereto. The issue was…