Black Mountain Bank v. Kelly

Opinion of the Court by

Chief Justice Clarke

Reversing.

On August 2, 1923, the Standard Harlan Coal Company gave to appellee, A. Z. Kelly, a check for $590.19 in payment of its indebtedness to him. The check was drawn upon the appellant, Black Mountain Bank, with which appellee also did his banking business. On August 4, appellee presented this check with two others to appellant for deposit and the aggregate of same was entered as a deposit in his passbook by the cashier. The drawer at the time had no funds on deposit with the -bank and the check was not entered on the bank’s books either as a…