McLean County Bank v. Mitchell

This was an action of assumpsit, brought by the McLean County Bank, against Isaac Mitchell, to recover $1031.71, which sum, it is claimed, he had drawn out of the bank in excess of the amount of money deposited to his credit. On a trial of the issues before a jury, a verdict was returned in favor of the defendant, upon which the court rendered a judgment, to reverse which the bank appealed.

Appellee kept an account with the bank from 1860 until 1872, but the controversy in this case grew out of a deposit made in the bank on the 28th day of November, 1868, of $1031.71, appellee claiming that,…