Bank of Brunswick v. Thompson
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at June Term, 1917, of BeuNS-WIOK. Tbis action was brought upon a note for $225 and interest.
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Appeal by plaintiff from Bond, J., at June Term, 1917, of BeuNS-WIOK. Tbis action was brought upon a note for $225 and interest. Tbe defendants admitted tbe due execution of tbe note, but claimed tbat there should be a credit entered on it for $195 which bad been wrongfully charged up by tbe bank against tbe deposits of tbe defendant, J. W. Thompson, in said bank, one being an alleged check of 9 April, 1913, for $95, and tbe other an alleged check for $100 charged against tbe defendant, J. W. Thompson, on 26 September, 1913, and denied tbe validity of said checks, which sums tbe defendants…
1Opinion of the CourtClark, C. J.
This case stands thus: The note sued on is admitted by the defendants. The deposit of the proceeds in plaintiff bank is admitted, which is the counterclaim. The burden is therefore upon the bank to relieve itself of liability for said deposit by proof of payment. This the bank should be able to do by production of the checks, or otherwise, if checks had been lost. The defendant, of course, could not produce the check which he claims was not given by himself oí by his authority. Payment of the deposit being pleaded by plaintiff, the burden is on him who asserts it. Zachary v. Phillips, 101 N.…
2Cases cited4 opinions
- McQueen v. Peoples National BankSupreme Court of North Carolina · 1892
- Guano Co. v. . MarksSupreme Court of North Carolina · 1904
- McBrayer v. Haynes.Supreme Court of North Carolina · 1903
- Zachary v. . PhillipsSupreme Court of North Carolina · 1888
3Cited by6 opinions
- Arnold v. State Bank & Trust Co.Supreme Court of North Carolina · 1940
- Schwabenton v. Security National Bank of GreensboroSupreme Court of North Carolina · 1960
- Nationwide Homes of Raleigh, N. C., Inc. v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1964
- Sides v. Citizens National BankSupreme Court of North Carolina · 1957
- Arnold v. State Bank & Trust Co.Supreme Court of North Carolina · 1940
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